
Class S\ 79 

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STATE OF WASHINGTON 



EXISTING LAWS 



RELATING TO 



HSR. OYSTERS AND GAME 



COMPILED BY 



T. R. KERSHAW, 

PISH COMMISSIONER AND GAME WARDEN. 



INDEXED. 



THE METROPOLITAN PRESS, 
SEATTLE, 1905. 



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^nFISH commissioner and game warden. 



i. Appointment and Term of Fish Commissioner. 

There shall be appointed by the Governor, by and 
with the advice and consent of the Senate, one com- 
petent person, who shall be denominated the Fish 
Commissioner, whose term of office shall continue 
four years from and after the first Monday in March 
after his appointment, and until his successor be 
appointed and qualified. (Laws 1890; 1 Bal. C, 
§ 3323 ; P. C, § 5228.- 

2. Commissioner Shall give Bond. 

Before entering upon his duties said Fish Com- 
missioner shall file with the Secretary of State a 
bond, with five or more sufficient sureties, and in 
the sum of five thousand dollars, conditional that 
he will discharge his duties under this article faith- 
fully. (Laws 1890; 1 Bal. C, § 3324; P. C, § 5229.) 

3. Appointment of Deputies — Term of Office. 

Said commissioner may appoint three deputies, to 
be known as deputy fish commissioners ; they shall 
hold their offices, respectively, during the pleasure 
of the Fish Commissioner, who may summarily re- 
move any one of their number whenever, in his judg- 
ment, he shall deem such a change for any cause 
advisable. (Laws 1890; 1 Bal. C, § 3325; P. C. 
§ 5230.) 



NOTE 1. Bal. C. — Ballinger's Code. P. C. — Pierce's Code. 



4 Fish, Oyster and Game Laws of Washington. 

4. Compensation of Commissioner and Deputies. 

The Fish Commissioner shall receive an annual 
salary of two thousand dollars, to be paid in month- 
ly installments by the State Treasurer, and he shall 
be allowed his actual expenses of travel in the per- 
formance of his duties, not to exceed one thousand 
dollars in any one year. The deputies shall receive 
a salary of twelve hundred dollars each per year, to 
be paid in monthly installments by the State Treas- 
urer, and they shall be allowed their actual expenses 
of travel in the performance of their duty, not to ex- 
ceed six hundred dollars per annum each ; and no 
payment of salary or traveling expenses shall be 
made by the State Treasurer to any deputy fish 
commissioner except upon a certificate of the Fish 
Commissioner that he has performed his duty in all 
respects to the satisfaction of such Fish Commis- 
sioner. (Laws 1 901, p. 270, § 1 ; P. C, § 5238.) 

5. Instructions to Deputies — Bonds. 

Each deputy fish commissioner shall give bonds 
in the sum of two thousand dollars, conditioned on 
the faithful performance of their duties, respectively, 
such bonds to be subject to the approval of the Fish 
Commissioner. The Fish Commissioner shall issue 
to his deputies such general and special orders and 
instructions in the execution of their duties under 
the law as he shall deem necessary; and he shall as- 
sign one deputy to duty in the lower Puget Sound 
district, and one to the Columbia River district; the 



Fish, Oyster and Game Laws of Washington. 5 

third deputy being assigned to office diity and shall 
be considered the office deputy; but the above as- 
signment shall not relieve any deputy from the per- 
formance of duty in any other part of the state when 
his services may be needed. (Laws 1901, p. 271, 
§ 2; P. C, § 5239.) 

6. Attorney General — May Assist Commissioner. 

The Fish Commissioner shall have authority to 
apply to the Attorney General for his official opin- 
ion upon any question touching the construction 
and interpretation of the statutes, and the duties of 
the Fish Commissioner under the statutes for the 
protection of fish and oysters, wherein he shall need 
legal advice ; and the Attorney General may, in his 
discretion, furnish from his office such official legal 
assistance as he may deem useful in the conduct of 
any suit brought by the Fish Commissioner, in pur- 
suance of the provisions of the laws for the protec- 
tion of fish and oysters. (Laws 1890; 1 Bal. C, 
§ 3333 ; P- C., § 5240.) 

7. Expenses. 

All expenses incurred under the provisions of this 
article shall be audited by the State Auditor, upon 
bills being presented, properly certified by the Fish 
Commissioner, and the said auditor shall, from time 
to time, draw warrants upon the State Treasurer for 
the amount. (Laws 1890; 1 Bal. C, § 3336; P. C, 
§ 524I-) 



6 Fish, Oyster and Game Laws of Washington. 

8. Duty of Fish Commissioner. 

It shall be the duty of the Fish Commissioner to 
give his entire time and attention to the fishing in- 
terests of the State of Washington, and by and with 
the help of his deputies, see that all laws for the 
propagation, protection and preservation of food 
fishes and oysters in the public waters of the State 
of Washington, whether entirely or partially within 
the state boundaries, are enforced, and, if necessary, 
to select and purchase suitable land, build, operate 
and manage thereon fish hatcheries for the purpose 
of supplying said waters with young fish ; to employ 
necessary and competent men to successfully carry 
on said hatcheries. It shall also be the duty of the 
Fish Commissioner to examine into all complaints 
made to him by councilmen of cities or county com- 
missioners, regarding dogfish or decayed fish, which 
are injurious to the fishing industries or dangerous 
to the health of the inhabitants, and, if necessary, 
abate said nuisance. (Laws 1890; 1 Bal. C, § 3326; 
P. C, § 5236.) 

9. Commissioner Shall Report. 

Said Fish Commissioner shall annually, on De- 
cember 1st, report to the Governor of this state a 
full account of his actions under this article ; also, of 
the operations and results of the laws pertaining to 
the fish and oyster industries, the methods of tak- 
ing fish, the number of young fish hatched, and 



Fish, Oyster and Game Laws of Washington. 7 

where distributed, amount of expense incurred, and 
make suggestions as to the needs of further legisla- 
tion, if any, and full statistics of the fishing and oys- 
ter business. (Laws 1890; 1 Bal. C, §3330; P. C, 
§ 52370 

10. Inspection of Canneries. 

The Fish Commissioner of the State of Washing- 
ton and his deputies are hereby authorized to inspect 
all canneries, boats, nets, wheels, traps and other ap- 
pliances, and all property used in the catching and 
packing of fish, or in the fish industry, for the pur- 
pose of enforcing the fish laws of the State of Wash- 
ington, and to that end said commissioner and his 
deputies are authorized to enter on said property 
and make inspection thereof. (Laws 1893 ; 1 Bal. C, 

§3327; P. c, §5235-) 

11. Arrests. 

The Fish Commissioner and his deputies shall 
have authority to arrest without writ, rule, order or 
process any person in the act of committing a crime 
in violation of the fish laws of this state, and they are 
hereby made peace officers of this state for that pur- 
pose. (Laws 1893; 1 Bal. C, § 3328; P. C, § 5233.) 

12. Punishment for Resisting an Officer. 

If any person knowingly or willfully resists or op- 
poses such officer in the discharge of his said duties, 



9 Fish, Oyster and Game Laws cf Washington. 

he shall be punished by imprisonment in the county 
jail not exceeding one year, or by fine not exceeding 
one thousand dollars nor less than fifty dollars, or 
by both fine and imprisonment, at the discretion of 
the court. (Laws 1893; 1 Bal. C, § 3329; P. C, 
§ 5234.) 

13. May Appoint Special Deputy. 

The Fish Commissioner is hereby authorized to 
appoint a special deputy in each county of this state, 
who shall be a resident of the county for which he 
shall be appointed, such special deputy to see that 
the fish laws of the state, are observed within the 
county for which he shall be appointed. (Laws 1893 ; 
1 Bal. C, §3334; P. 0., §5231-) 

14. Compensation of Special Deputy. 

Such special deputy shall receive as his compensa- 
tion one-half of all fines recovered upon prosecution 
procured by him for violation of the fish laws of this 
state, and shall receive no other compensation. 
(Laws 1893; 1 Bal. C, § 3335 ; P. C, § 5232.) 

15. Member Board of Fish Commissioners. 

The Governor, State Treasurer and Fish Commis- 
sioner are hereby created a board of fish commis- 
sioners ex officio. (Laws 1895; 1 Bal. C, § 3337: 
P. C, § 5247.) 



Fish, Oyster and Game Laws of Washington. 9 

1 6. Hatcheries to Be in Control of Commissioners. 

The State Fish Commissioner shall have charge 
and control of the state fish hatchery or hatcheries, 
and the management of the same, under the super- 
vision of the fish commission, and shall have power 
to employ such assistance and purchase such sup- 
plies as may be necessary to maintain and operate 
such state fish hatchery or hatcheries. (Laws 1895 ; 
1 Bal. C, § 3341 ; P. C, § 5250.) 

17. Commissioners Shall Be Allowed Actual Trav- 

eling Expenses. 

Said board of commissioners shall receive no com- 
pensation for their services as such board; but shall 
be allowed necessary actual traveling expenses. All 
accounts for expenditures incurred or made pursu- 
ant to the provisions of this article shall be audited 
and approved by said commission before presenta- 
tion to the State Auditor: Provided, That no trav- 
eling expenses be allowed unless vouchers show that 
railroad and other expenses were actually paid. 
(Laws 1895; 1 Bal. C, § 3343'.; P. C, § 5251.) 

18. State Game Warden. 

There is hereby created the ofhce of State Game 
AVarden, and the State Fish Commissioner shall be 
ex officio such officer. (Laws 1899, p. 2j6, § 1.) 



10 Fish, Oyster and Game Laws of Washington. 

19. Duties and Powers. 

The State Game Warden shall have full control of 
and supervision over all county game wardens ap- 
pointed in pursuance to any statute now existing on 
the statute books of this state, and may have the 
power to appoint said county game wardens special 
deputy fish commissioners for the county in which 
said county game wardens may reside, and shall 
have general supervision over the enforcement and 
execution of all laws of this state for the protection 
of game animals, game birds, song birds and game 
fish, and shall have all the authority and powers as 
a peace officer conferred on county game wardens by 
any law of this state. (Laws 1899, p. 276 § 2.) 

20. Chief Deputy State Game Warden. 

The state game warden shall appoint one chief 
deputy state game warden, who shall hold his office 
during the pleasure of the state game warden, and 
shall receive a salary of fifteen hundred dollars 
($1,500) per year, to be paid in monthly install- 
ments, by the State Treasurer on warrant drawn 
by the State Auditor, and shall be allowed his 
actual expenses of travel in the performance of his 
duty, not to exceed the sum of seven hundred fifty 
dollars ($750) in any one year; and no payment of 
salary or traveling expenses shall be made by the 
State Auditor to said deputy state game warden, 
except upon certificate of the State Game Warden, 
that the vouchers of the Deputy State Game War- 



Fish, Oyster and Game Laws of Washington, 11 

den are correct, that the services have been faith- 
fully rendered and the money for traveling expenses 
actually expended. The duties of the Chief Deputy 
Game Warden shall be to enforce all the provisions 
of law in reference to the protection of game and to 
prosecute all violations of law in reference thereto, 
to direct and supervise all acts of county and special 
deputy game wardens, and to use all lawful ways 
and means to protect game and to encourage and 
secure the propagation thereof. (Laws 1905.) 

21. County Game Wardens — Appointment of. 

The County Commissioners of the respective 
counties in the State of Washington are hereby em- 
powered and authorized to and shall, upon applica- 
tion in writing of one hundred resident freeholders 
and taxpayers of said county, appoint a suitable per- 
son, who shall be a resident and qualified elector of 
said county, as game warden of such county, who 
shall be vested with all the authority of a sheriff 
to perform the duties prescribed by the laws of the 
State of Washington for the protection of game 
animals, game birds, song birds and game fish. 
Such game warden, so appointed, shall receive a 
salary of not less than twenty-five dollars ($25) nor 
more than one hundred dollars ($100) per month to 
be paid monthly out of the game protection fund of 
such county. (Laws 1905.) 



12 Fish, Oyster and Game Laws of Washington. 

22. County Game Wardens — Powers of. 

All county game wardens shall be ex officio depu- 
ty state game wardens, and shall have the same 
powers in the enforcement of the game laws of the 
state as the Chief Deputy State Game Warden and 
shall be under the direction and supervision of the 
Chief Deputy State Game Warden. County game 
wardens shall have power to appoint special game 
wardens for his county, such special game warden 
shall receive no salary but shall have same author- 
ity as other game wardens ; county game wardens 
before entering- upon their duties shall take and file 
with the county auditor of his county the oath of 
office as prescribed for other county officers, and 
shall be held responsible for neglect, or non-pre- 
formance of his duties, and the County Commis- 
sioners of any county may remove the county game 
warden at any time for neglect or non-performance 
of duty. (Laws 1905.) 

23. Reports of State Game Warden. 

The said State Game Warden, in connection with 
his report as said Fish Commissioner, shall annually, 
on December 1st, report to the Governor of this 
state a full account of his actions as State Game 
Warden ; also the operation and result of all laws 
pertaining to the protection of game animals, game 
birds and game fish. (Laws 1899, p. 2/6, §3.) 



Fish j Oyster and Game Laws of Washington. 13 

24. Expenses of County Game Wardens. 

The expenses of the county game wardens may be 
paid in the discretion of the State Game Warden 
and State Fish Commissioner for all services per- 
formed by them as deputy fish commissioners upon 
the request or direction of said State Game Warden 
and said State Fish Commissioner, and said ex- 
penses, when so audited and allowed, are made pay- 
able out of the Fish Commissioner's traveling and 
incidental expense fund. (Laws 1899, p. 276, § 4.) 

25. Salmon Packages, How Marked — Penalty. . 

All salmon caught, and cured by salting, for sale 
within the said waters of Puget Sound or any tribu- 
tary thereof, shall be put up in packages marked 
with the name of "Puget Sound Salmon" in plain 
letters, at least two inches long; also the place at 
which they are so cured and packed, and the name 
or names of the parties so curing them and offering 
them for sale. A violation of this section shall sub- 
ject the offender to a fine of not less than ten nor 
more than one hundred dollars for each and every 
offense, to be recoverable in any court having juris- 
diction of misdemeanors. (1 Bal. C, § 3344; P. C, 
§ 1821.) 

26. Cans Containing Salmon — Labeled. 

All salmon caught within the waters hereinbefore 
named, and prepared for sale and export, by being 



14 Fish, Oyster and Game Laws of Washington. 

hermetically sealed in cans made of tin or other 
metal, shall be labeled with labels bearing the words, 
"Puget Sound Salmon," together with the name of 
the person engaged in the business of such prepara- 
tion for export and sale by hermetically sealing in 
cans as aforesaid, together with the name of their 
place of business. The cans shall likewise be packed 
in cases, in the manner prescribed in the next suc- 
ceeding section for packing salmon in barrels. A 
failure to comply with the provisions of this section 
shall be deemed a misdemeanor, and subject the of- 
fender to a fine of not less than ten dollars nor more 
than one hundred dollars for each and every offense, 
recoverable in any court of competent jurisdiction, 
(i Bal. C, §3345 5 P- C, § 1822.) 

27. Marking of Fish Packages. 

All barrels, packages, or cans containing fish 
caught within the state, and packed, barreled, or 
canned therein, shall be marked by label or other- 
wise, in plain letters, with the name of the place 
where said salmon were caught, and also the name 
of the state, in full, and the name of the party or 
parties putting up the same ; and for each package, 
barrel, part of a barrel or can not so marked, the 
person or persons whose duty it is to so mark the 
same shall be subject to a penalty of not less than 
ten dollars, to be recovered by action brought by 
any person first informing in a court having juris- 
diction ; and one-half of the sum recovered shall go 
into the common school fund of the county where 



Fish, Oyster and Game Laws of Washington. 1 5 

the offense was committed and the other half to the 
informer, (i Bal. C.^ §3346; P. C, §1824.) 

28. Fish From Other States to Be Marked. 

It shall be deemed a misdemeanor to sell, or offer 
for sale within the State of Washington, any cases 
or packages of fish packed in other states that are 
not plainly marked or branded on their exterior, ex- 
planatory of the exact nature or finished condition 
of the preparation contained, thereby preventing 
misrepresentations and sale of inferior or imitative 
brands of fish for the genuine article packed or pre- 
pared within said state. (1 Bal. C, § 7177; P. C, 
§ 1825.) 

29. Penalty. 

Each violation of the above section shall be pun- 
ishable by a fine not to exceed ninety-nine dollars, 
nor less than twenty-five dollars. (Bal. C, §7177; 
P. C, § 1826.) 



REGULATIONS FOR THE CATCHING OF 
SALMON AND OTHER FOOD FISHES. 



30. Rivers and Deception Pass-s-Certain Appar- 
atus Prohibited. 

Hereafter it shall be unlawful to construct, own, 
operate and maintain within any of the rivers of this 



16 Fish, Oyster and Game Laws of Washington. 

state flowing into Puget Sound, and within said 
bodies of water within a distance of three miles from 
the mouth of any such rivers, .and also within that 
arm of Puget Sound and body of water known as 
Deception Pass, or within one-half mile of the west 
entrance thereof, and in any of the other salt waters 
of this state at a greater depth than sixty-five feet 
at low tide, any pound net, trap, weir, fish wheel, or 
other fixed appliance, set lines excepted, for the pur- 
'pose of catching salmon or other food fishes, and for 
the purpose of enforcing the provisions of this sec- 
tion the Fish Commissioner shall indicate the mouth 
of said rivers by driving piles therein. It shall also 
be unlawful hereafter to use any purse net or other 
like seine within three miles and drag seine within 
one mile from the mouth of any of said rivers, or 
within said rivers : Provided, That nothing in this 
or any other act shall prevent any Indian residing 
in this state from taking salmon or other fish by any 
means at any time for the use of himself and family. 
(Laws 1899, p. 194, §.1 ; P. C. § 5273.) 

31. Where Pound Nets, Traps, etc., May Be Used 
— License, etc. 

The use of pound nets, traps, weirs, fish wheels 
and other fixed appliances, and purse nets, drag 
seines and other seines for catching salmon is here- 
by authorized in all the waters of this state wherein 
the same is not prohibited by section one, subject to 
the regulation and license hereinafter provided for 



Fish, Oyster and Game Laws of Washington. 17 

or otherwise required by law, and the use of set nets 
and gill or drift nets, subject to said license and reg- 
ulation for said purpose, is authorized in all the 
waters of this state, except as otherwise provided by 
law: Provided, however, That no fishing appliances 
shall be constructed, operated or maintained upon 
any of the waters of this state or the Columbia river 
or its tributaries by any person whomsoever, with- 
out such person shall have first obtained a license so 
to do from the Fish Commissioner of this state who 
is hereby authorized to issue said license under the 
regulations provided by law. A separate license 
shall be required for each trap, pound net, weir, fish 
wheel or other fixed appliances, and for every purse 
net, purse seine, drag seine or other seine, gill net, 
drift net or set net, which license shall be numbered 
and dated, and shall specify the number of the pound 
net, trap, weir, fish wheel or other appliances, seine, 
gill net, drift net or set net, which number shall be 
designated by the said commissioner, and said li- 
cense shall also contain the name of the person to 
whom such license shall be granted. No license shall 
be issued to any person who is not a citizen of the 
United States, unless such person has declared his 
intention to become such one year prior thereto, 
and is and has been for one year immediately prior 
to the time of the application for license an actual 
resident of the State of Washington, nor shall any 
license be issued to any corporation, unless such 
corporation shall be authorized to do business in 
this state : Provided, That nothing in this act shall 



18 Fish, Oyster and Game Laws of Washington. 



be construed to prevent the issuance of licenses to 
women, minors, of the age of eighteen years or more, 
or Indians, who possess the qualifications of citizen- 
ship and residence hereinbefore required, nor to pre- 
vent the renewal of ^any license by persons now 
holding the same : Provided, Licenses issued by the 
State of Oregon shall be deemd valid as to gill nets 
for use on the Columbia river as though issued by 
the Fish Commissioner of this state. No more than 
three licenses shall be issued to any one person, firm 
or corporation. Licenses may be assigned or trans- 
ferred to any person or corporation entitled to hold 
licenses under the provisions of this act: Provided, 
That notice is given to the Fish Commissioner of 
said transfer or assignment by the transferee within 
twenty days from the date of said transfer or assign- 
ment: And provided further, If such notice of 
transfer is not given such license shall be void. No 
person or corporation shall own, operate or con- 
struct, or cause to be constructed or operated any 
pound net, trap, weir, fish wheel or other fixed appli- 
ance for the catching of salmon on the waters of the 
Columbia river or its tributaries, or in any of the 
waters of the State of Washington, the meshes of 
which are less than three inches stretch measure. 
(Laws 1899, p. 195, §2; P. C, § 5274.) 

32. License Number and Lights Displayed — Seines 
and Nets Branded — Boats Numbered. 

Any person owning, operating or using any pound 
net, trap, weir, fish wheel or other fixed appliance 



Fish-, Oyster and Game Laws of Washington. 19 



for taking salmon, shall cause to be placed in a con- 
spicuous place on said pound net, trap, weir, fish 
wheel or other fixed appliance, the number desig- 
nated by the Fish Commissioner at the time of issu- 
ing the license for the operation^ thereof ; said num- 
ber to consist of black figures, not less than six 
inches in length, painted on white ground; any per- 
son owning or operating or using any seine, purse 
net, gill net or set net for the purpose of taking sal- 
mon, shall cause to be branded the corks of each 
end of the seine, purse net, gill net or set net, and 
upon the cork nearest the center thereof, the num- 
ber designated by the Fish Commissioner at the 
time of issuing the license for the operation of said 
seine or net; said number to consist of figures not 
less than one-half inch in length, and shall also 
cause to be placed upon each side of the bow of the 
boat used to operate such seine or net such license 
number, preceded by a capital "W," the same to 
consist of black figures not less than six inches in 
length, painted on white ground. All pound nets or 
traps shall conspicuously show at night time, be- 
tween sunset and sunrise, a bright white light. 
(Laws 1899, p. 196, § 3; P. C, 5 5275.) 

33. Nets, How Constructed, etc. 

No lead of any pound net, trap, fish wheel or other 
fixed appliance used or operate d in the waters of the 
Columbia river or its tributaries, Willapa Harbor or 
Grays Harbor in this state for catching salmon shall 
exceed eight hundred feet in length, and in the 



20 Fish j Oyster and Game Laws of Washington. 

waters of Puget Sound two thousand five hundred 
feet in length. There shall be an end passage way 
of at least thirty feet and a lateral passage way of 
at least nine hundred feet, between all pound nets, 
traps, weirs, fish wheels or other fixed appliances 
hereafter constructed and placed within the waters 
of the Columbia river and its tributaries, Willapa 
Harbor and Grays Harbor within this state, and 
there shall be an end passage way of at least six 
hundred feet and a lateral passage way of at least 
twenty-four hundred feet between all pound nets, 
traps, weirs or other fixed appliances hereafter con- 
structed and placed within the waters of Puget 
Sound in this state. For the purpose of determin- 
ing end passage ways, base lines shall be drawn at 
right angles with the general course of locations 
first originally established and intersecting the ends 
thereof, and the end passage ways shall be measured 
at right angles from such base lines ; Provided, This 
amendment of section four shall not affect any loca- 
tions lawfully existing under previous statutes when 
this act takes effect; and any or all such fishing 
appliances may be maintained upon such existing 
locations as though this act had not been passed, or 
they may be changed to conform to the provisions 
hereof as to end passages at the option of the loca- 
tion owners and holders thereof. (Laws 1905. Ap- 
proved March 9. Emergency clause.) 

34. License Fees for Fishing Appliances — Monthly 
Statements. 

All licenses provided in sections 31 and 32 of this 



Fish, Oyster and Game Laws of Washington. 21 

code shall be issued as follows : Upon application 
therefor by any person, a license shall be issued by 
the Fish Commissioner for fixed and other appli- 
ances for catching salmon or other food fishes as 
herein provided, which shall entitle the holder to 
operate said appliances in the waters of this state, 
wherein such appliances are not prohibited by law. 
The following fees for such licenses shall be col- 
lected by the Fish Commissioner and turned over 
to the State Treasurer on or before the tenth of each 
month, and by him turned into the fish hatchery 
fund, to-wit: 

For each drag seine not exceeding 1 250 feet in length... $ 2.50 
For each drag seine more than 250 feet in length and 

not more than 400 feet in length 7.50 

For each drag seine more than 400 feet in length and 

not exceeding 500 feet 15.00 

For each additional foot in length, the further sum of.. .03 
For each first class pound net, trap or weir, on the Co- 
lumbia river 25.00 

For each second class pound net, trap or weir, on the 

Columbia river . . „ 10.00 

For each first class purse seine 50.00 

For each second class purse seine . 25.00 

For each gill net or drift net 5.00 

For each set net , 2.50 

For each pound net, trap or weir on Willapa Harbor and 

Grays Harbor 10.00 

For each pound net, trap or weir (except on the Columbia 

river, Willapa Harbor or Grays Harbor) 50.00 

For each scow fish wheel 15.00 

Stationery [stationary] fish wheels shall pay 
twenty-five dollars for first class wheels, and ten dol- 
lars for second class wheels; all classifications of 
wheels, pound nets and purse seines to be deter- 
mined by the Fish Commissioner : Provided, Where 
any trap or pound net is so constructed as to take 



22 Fish, Oyster and Game Laws of Washington. 

fish at each end of its main lead, it shall obtain and 
pay for a license especially permitting the taking of 
fish at both ends, for which it shall pay a license fee 
double the amount of a pound net or trap taking 
fish at one end only. In addition to the foregoing 
license charges there shall also be paid by the 
owner of each trap, pound net or fish wheel oper- 
ated in the waters of the state, the sum of one dollar 
for each one thousand fish taken by such trap, pound 
net or fish wheel, and the said additional fee shall 
be paid on or before the tenth day of each month. 
It shall be the duty of every person owning or op- 
erating any trap, pound net or fish wheel to furnish 
to the Fish Commissioner on or before the tenth 
day of each month a sworn statement giving the 
number and location of such trap or pound net and 
a detailed statement of the actual number of fish 
caught at such trap or pound net, and in addition to 
answer such questions as the Fish Commissioner 
shall propound with reference thereto, which state- 
ment shall be filed with and retained by the Fish 
Commissioner. Any person, firm or corporation 
using scows and boats or other craft in the buying 
of fish on the Columbia river, are hereby required 
to obtain from the Fish Commissioner of the State 
of Washington, before engaging in said trade or 
occupation, a license for such scow, boat or other 
craft. Each person, firm or corporation obtaining 
such license shall pay to the Fish Commissioner of 
the State of Washington at the time said license is 
issued, for said license the sum of fifty dollars 
($50.00). All licenses issued under the provisions 



Fish, Oyster and Game Laws of Washington. 23 

of this section shall expire on the thirty-first day 
of March following the issuance of such license, 
and shall be renewed upon application upon pay- 
ment of the license fees as provided, by this act: 
Provided, That licenses now issued shall be valid 
until their expiration, and shall likewise be renewed 
to expire on March thirty-first following the issu- 
ance of such license. (Laws 1905, approved March 
13. Emergency clause.) 

35. License .Fees .for .Buying, .Packing, .etc. — 
Monthly Statements. 

Every person, firm or corporation engaged in the 
business of buying and selling, packing and preserv- 
ing or otherwise dealing in salmon, other than can- 
ners thereof, shall pay as a license the sum of nine- 
ty cents per ton net weight of said fish bought and 
sold, packed or preserved or otherwise dealt in : 
Provided, No person engaged in the business afore- 
said shall pay less than two dollars and fifty cents 
per annum. It shall be the duty of each person, 
firm or corporation affected by the provision of this 
section to render to the fish commissioner of the 
State of Washington, on or before the tenth day of 
each month, on blanks to be furnished by the Fish 
Commissioner, a detailed statement showing net 
amount of fresh fish bought and sold, packed and 
preserved or otherwise dealt in during the pre- 
ceding month, and each person shall pay to the 
said commissioner the amount due under the pro- 
visions therefor, on or before the tenth of each 



24 Fish , Oyster and Game Laws of Washington. 

month, and a failure or neglect to do so shall con- 
stitute a misdemeanor, and upon conviction thereof 
the offender may be punished as hereinafter pro- 
vided. (Laws 1905. Approved March 13. Emer- 
gency clause.) 

36. License Fees for Canneries. 

Every person, firm or corporation engaged in can- 
ning salmon shall procure a license before commenc- 
ing the season's packing, as follows : 

For each cannery packing- less than ten thousand 

cases per annum . . : $100.00 

For each cannery packing from ten thousand cases to 

fifteen thousand cases per annum 150.00 

For each cannery packing from fifteen thousand to 

twenty thousand cases per annum 200.00 

For each cannery packing from twenty thousand to 

twenty-five thousand cases per annum 250.00 

For each cannery packing from twenty-five thousand 

to thirty thousand cases per annum 300.00 

For each cannery packing from thirty thousand to 

forty thousand cases "per annum 400.00 

For each cannery packing from forty thousand to 

fifty thousand cases per annum 500.00 

For each cannery packing from fifty thousand to 

sixty thousand cases per annum 600.00 

For each cannery packing from sixty thousand to 

seventy thousand cases per annum . . . 700.00 

For each cannery packing from seventy thousand to 

eighty thousand cases per annum S00.00 

For each cannery packing from eighty thousand to 

ninety thousand eases per annum 900.00 

For each cannery packing from ninety thousand to 

one hundred thousand cases per annum 1,000.00 

Rates on all canneries to be based upon pack of 
each preceding year. New canneries shall pay a li- 



Fish, Oyster and Game Laws of Washington. 25 

cense of $250.00- until their pack is definitely known: 
Provided, however, That every person, firm or cor- 
poration engaged in canning salmon on the Co- 
lumbia riyer within the State of Washington shall. 
pay for such license of the. spring portion of the 
pack put up prior to August twenty-sixth, twice the 
sum indicated above for the respective canneries. 
(Laws 1905. Approved March 13. Emergency 
clause.) 

37. Taking Salmon — When Unlawful — Closed Sea- 
son. 

And it shall be unlawful to take or fish for salmon 
in any of the tributaries of Puget Sound during the 
month of April, and it shall further be unlawful to 
take or fish for salmon, except with hook and line, 
in any of the tributaries of Puget Sound above tide 
water ; and it shall further be unlawful to take or 
fish for salmon except, with hook or line in any of 
the waters of Puget Sound or its tributaries be- 
tween the hours of six o'clock P. M., Saturday, and 
six o'clock A. M., Monday of each calendar week in 
each year. During the weekly closed season here- 
in provided, the tunnel and front part of the pot of 
all fish traps shall be raised to high water mark, to 
permit salmon and other fish to swim freely and 
without hindrance in any direction. And it shall 
be unlawful to take or fish for salmon in the waters 
of Grays Harbor or its tributaries from the fifteenth 
day of March to the fifteenth day of April, and from 
the fifteenth day of November to the fifteenth day 



26 Fish , Oyster and Game Laws of Washington. 

of December in each year. And also it shall here- 
after be unlawful to take or fish for salmon in any 
of the following named tributaries of Grays Harbor 
from the fifteenth day of August to the fifteenth 
day of November in each year above the points 
hereinafter described, to-wit: It shall be unlawful 
to take or fish for salmon in the Chehalis river above 
a point one-half mile below the mouth of the 
Wynooche river ; it shall be unlawful to take or fish 
for salmon above a point one-half mile above the 
mouth of the Humptulips river; it shall be unlaw- 
ful to take or fish for salmon above a point one- 
half mile above the mouth of the Elk river; it shall 
be unlawful to take or fish for salmon above a point 
one-half mile above the mouth of the Johns river. 
The Fish Commissioner is hereby empowered to 
indicate the points above which fishing may not be 
done ?s provided hereinbefore, by driving piles at 
the points in said streams above designated, which 
shall mark the points above which said fishing shall 
not be done. It shall be unlawful to take or fish for 
salmon in the waters of Willapa Harbor or its trib- 
utaries from the fifteenth day of March to the 
fifteenth day of April, and from the twenty-fifth day 
of November to the twenty-fifth day of December 
in each year. And, also it shall be unlawful to take 
or fish for salmon in any of the following tributaries 
of Willapa Harbor above tide water in said rivers : 
North river, Willapa river and Nasel river. Noth- 
ing in this act shall be construed to prevent fishing 
with hook and line, commonly termed angling, in 



Fish, Oyster and Game Laws of Washington. 27 

any of the above named rivers. It shall be unlaw- 
ful to take or fish for salmon in the Columbia river 
or its tributaries, or within three miles outside of 
the mouth of said Columbia river, by any means 
whatever in any year, between twelve M. the fif- 
teenth day of March, twelve M. the fifteenth day of 
April, or between twelve M. the twenty-fifth day of 
August and twelve M. the tenth day of September, 
except Snake river, and it shall be unlawful to take 
or fish for salmon in said Snake river or any of its 
tributaries by any means whatever, in any year, 
between twelve M. the first day of March and twelve 
M. the fifteenth day of April, or between twelve M. 
the first day of August and twelve M. the first day 
of September. And it shall be unlawful to take or 
fish for salmon, by any means whatever, except with 
hook and line, commonly termed angling, in the 
Kalama river, Wind river, Little White Salmon 
river, Wenatchee river, Methow river, Little Spo- 
kane river and Colville river, and in the Columbia 
river within one mile of the mouth of the above 
named rivers. It shall be unlawful at any time to 
take any fish with a net, trap or other device than 
hook and line in Chambers creek, in Pierce county, 
or within two hundred and fifty yards of the mouth 
of said creek and the mouth of said creek shall be 
construed to mean the junction where the fresh and 
salt waters meet at low tide. (Laws 1905. Ap- 
proved March 13. Emergency clause.) 



28 Fish, Oyster and Game Laws of Washington, 

38. Penally. 

Any person violating any of the provisions of sec- 
tions 34,35,36 or 37 of this code, whether or not such 
violation is otherwise specifically declared to be a 
misdemeanor, either by neglecting to observe the 
requirements of this act, or violating any of the pro- 
visions thereof, shall be deemed guilty of a misde- 
meanor, and shall upon conviction thereof for each 
and every offense, be subject to a fine of not less 
than fifty dollars nor more than one thousand dol- 
lars, or by imprisonment in the county jail not less 
than twenty-five days nor more than one year, or 
by both such fine and imprisonment. (Laws 1905. 
Approved March 13. Emergency clause.) 

39. Survey and Map of Locations for Set Nets, 

Pound Nets or Fish Traps — Marking Loca- 
tion of Drag Seines and Set Nets. 

Every person, firm or corporation who at the time 
this act takes effect shall be lawfully occupying any 
set net, pound net or fish net trap location in the 
waters of Puget Sound in the State of Washington 
under any provisions of the statutes of this state, 
or who thereafter may desire to so occupy any un- 
occupied or unclaimed fishing location where it may 
be lawful to construct a set net, pound net or fish 
trap in said waters, shall within sixty days after 
this act takes effect in the case of existing locations, 
and at the time they are sought to be made in the 



Fish, Oyster and Game Laws of Washington. 29 

case of new locations, cause all such locations to 
be accurately surveyed by a competent civil engi- 
neer, unless such like survey thereof of any location 
has already been made, in which case such existing 
survey may be used ; and such occupant or claimant 
shall cause a location map to be made of each fish- 
ing location from the actual survey thereof, said 
map to contain a plat and description of said fish- 
ing location sufficient for its ascertainment and 
identification on the premises ; such map must be 
certified by the engineer who made the survey, to 
be a true and correct map of the fishing location as 
shown, which is platted thereon from his survey 
thereof, made on behalf and at the request of the 
occupant or claimant (naming him). Such map 
shall also contain a certificate of the occupant or 
claimant of said location, stating that he claims the 
fishing location shown on the map, and specifying 
the date and number of the license under which said 
location is held ; such last mentioned certificate may 
be signed by the occupant or claimant or by his 
agent or attorney in his behalf, and shall contain 
the postoffice address of the occupant or claimant. 
Such map with the certificates thereon shall be filed 
in the office of the county auditor of the county in 
which such fishing location is situated, and shall 
from the date of its filing constitute full and com- 
plete notice that the location shown upon said map 
is owned, held, occupied and claimed by the person, 
firm or corporation designated thereon as occupant 
or claimant. A duplicate copy of such map shall 



30 Fish, Oyster and Game Laws of Washington. 

also be filed (for information only) with the Fish 
Commissioner of the State of Washington, or of 
the district within which such location is situated. 
And it shall be the duty of all county auditors and 
fish commissioners, in whose office any such maps 
may be offered for filing, to receive and safely keep 
same on file in their respective offices. They shall 
also keep a proper and convenient index of all such 
maps, showing the time and dates of the filing, the 
names of the occupants or claimants on whose be- 
half such maps are filed, and the serial numbers 
of the maps in the order filed, all of which must 
be endorsed on the respective maps when filed ; but 
no informality or omission on the part of any such 
public officer shall impair or prejudice the rights 
of any occupant or claimant of or to any such fish- 
ing location. Every person, firm or corporation be- 
ing the owner, holder or occupant of any one or 
more existing set net, fish trap or pound net loca- 
tions when this act takes effect, shall have the ex- 
clusive and preference right for ninety days there- 
after -within which to file such maps with the re- 
spective county auditors. From and after the filing 
of any such maps in the office of any county auditor, 
the occupant or claimant of the fishing location 
thereon shown, and his heirs, successors and as- 
signs shall have the exclusive right to occupy, main- 
tain and fish such location, to renew the license 
therefor, and to mortgage, sell and transfer such 
right, during such time as he or they shall comply 
with the requirements of the laws of the State of 



Fish, Oyster and Game Laws of ^Washington. 31 

Washington, pertaining thereto in other respects. 
It shall not be necessary hereafter to drive any lo- 
cation piles to indicate fish traps or pound net loca- 
tions within the waters of Puget Sound in the State 
of Washington, and all such existing piles shall be 
removed from such location by the owners and oc- 
cupants thereof within ninety days from the date 
this act takes effect. Upon the construction of any 
fish trap or pound net, the number of the license 
under which same is held shall be posted in a con- 
spicuous place thereon and there maintained until 
such trap is removed : Provided, however, If the lo- 
cator fails to construct his appliance during the fish- 
ing season covered by his license, said location shall 
be deemed abandoned. At the close of each annual 
fishing season on Puget Sound the owner and holder 
of each set net, fish trap or pound net shall remove 
from the location all piles and structures of every 
kind. Locations for drag seines may be made by 
driving a substantial stake or erecting a permanent 
monument at each end of the location claimed and 
posting thereon the number of the license under 
which such drag seine is operated: Provided, That 
no seine location the title to which is in the state 
shall occupy a greater space than twice the length 
of the seine covered by above license. Locations 
for set nets may be made by erecting a permanent 
monument near or securely anchoring a buoy on the 
location claimed, upon which shall be posted the 
number of the license under which such set net is 
operated : Provided, There shall be a lateral pas- 



32 Fish, Oyster and Game Laws of Washington. 

sage way of at least three hundred feet and an end 
passage way of thirty feet between all set nets. No 
fishing appliance or device of any kind whatsoever 
located or used upon any streams or rivers of this 
state shall, either by a lead or any parts of said 
appliance occupy more than one-third of the width 
of such streams or rivers : Provided, however, That 
in the Columbia river and its tributaries, Willapa 
Harbor and its tributaries, Grays Harbor and its 
tributaries, any person or corporation, after first 
having obtained a license as provided for in this act, 
shall indicate locations for traps or pound nets made 
under such license, by driving at least three sub- 
stantial piles thereon, which must extend not less 
than ten feet above the surface of the water at high 
tide, one of said piles to be driven at each end of 
the location claimed, and upon said terminal piles 
there must be posted the license number, and if the 
locator fails to construct his appliance during the 
fishing season covered by his license, said location 
shall be deemed abandoned. After any such trap 
or pound net has been located, the owner thereof 
may file a description thereof sufficient for identifi- 
cation with the Fish Commissioner, and shall there- 
after have the exclusive right to fish such location 
and to sell and transfer such right during such time 
as the locator or owner of such right shall comply 
with the requirements of the law pertaining thereto 
in other respects. Locations for drag seines may 
be made by driving a substantial stake or erecting 
a permanent monument at each end of the location 



Fish j Oyster and Game Laws of Washington. 33 

claimed and posting thereon the number of the li- 
cense under which such drag- seine is operated: 
Provided, That no seine location the title to which 
is in the state shall occupy a greater space than twice 
the length of the seine covered by above license. 
Locations for set nets may be made by erecting a 
permanent monument or securely anchoring a buoy 
on the location claimed, upon which shall be posted 
the number of the license under which such set net 
is operated : Provided, There shall be a lateral 
passage way of at least three hundred feet and an 
end passage way of thirty feet between all set nets. 
No fishing appliance or device of any kind whatso- 
ever located or used upon any streams or rivers of 
this state shall, either by a lead or any parts of said 
appliance occupy more than one-third of the width 
of such streams or rivers. (Laws 1905. Approved 
March 9. Emergency clause.) 

40. Failure to Obtain License, Misdemeanor. 

Any person or corporation owning, operating, 
maintaining or using any pound nets, traps, weirs, 
fish wheels or other fixed appliances, or any seines, 
set nets, gill nets or drift nets for the purpose of 
catching salmon or other food fishes within or 
upon the waters of this state, without first having 
obtained a license so to do as provided for in this 
act, shall be deemed guilty of a misdemeanor, and 
any assignee of a license operating any such appli- 
ance without giving notice of such assignment as 
required by this act to the Fish Commissioner, 



34 Fish, Oyster and Game Laws of Washington. 

shall be guilty of a misdemeanor. (Laws 1899, p. 
204, §10; P. C, §5283.) 

41. Set Nets — When Not Unlawful. 

Nothing in this act shall be so construed as to 
prevent fishing with set nets in any of the rivers of 
this state except when such fishing is expressly pro- 
hibited by law, or prohibited by the Fish Commis- 
sioner, in his discretion, in rivers on which are lo- 
cated state fish hatcheries. (Laws 1899, p. 204. 
§11; P. C, §5284.) 

42. Protection of Food Fishes — Certain Streams 

May Be Closed. 

Whenever the Fish Commissioner shall consider 
that the protection of the food fishes mentioned in 
this act shall require it, he may close to fishing any 
stream or river in this state emptying into Puget 
Sound, the Columbia river, Grays Harbor or Wil- 
lapa Harbor, in the manner following, to-wit : He 
shall post in the office of the county auditor of the 
county or counties through which the stream or 
streams desired to be closed shall run, a notice 
stating that on a date set up in said notice, which 
date shall not be less than thirty days from the 
date of notice, said stream or streams will be 
closed to public fishing, and shall cause a like no- 
tice to be published in some weekly paper pub- 
lished in said county or counties for not less than 
four successive issues. Any person fishing in said 



Fish, Oyster and Game Laws of Washington. 35 



stream or streams after it shall have been closed 
as hereinabove provided, shall be guilty of a mis- 
demeanor, and upon conviction shall be punished 
as provided for the punishment of misdemeanors 
in this act : Provided, Nothing in this section con- 
tained shall be construed to prohibit hook and line 
fishing for salmon in any stream or streams in this 
state. (Laws 1899, p. 204, § 12; P. C, § 5285.) 

43. Fish Hatchery Fund. 

All moneys collected for licenses and fines under 
the provisions of this act shall be turned into the 
state treasury and placed in the fish hatchery fund. 
(Laws 1899, p. 205, §13; P. C, § 5286.) 

44. Definition of Salmon. 

Whenever the term salmon is used in this act it 
shall be construed to include and apply to chinook, 
steelhead, blueback, silverside, and all other species 
of salmon. (Laws 1899, p. 205, § 14; P. C, § 5287.) 

45. United States Officers May Take for Propaga- 

tion. 

Nothing in this act shall be construed so as to 
prevent the taking of salmon or other food fishes 
by the Fish Commissioner or proper officer of the 
United States for propagating purposes. (Laws 
1899, p. 205, §15 ; P. C,§ 5288.) 



36 Fish, QysUr and Game Laws of Washington. 



46. Reports to Fish Commissioner. 

It shall be the duty of all -persons who purchase 
salmon or food fishes from fishermen or takers or 
catchers of salmon, or other food fishes, for the pur- 
pose of selling or canning them or the product of 
the same for profit, to report to the Fish Commis- 
sioner on blanks furnished by him, on or before 
the 15th day of November of each year hereafter, 
the number of each species of fish, stated sepa- 
rately, so purchased by them, or if purchased by 
weight, the number of pounds of each species, and 
the average price per pound ; such statement or 
report shall be made under oath. (Laws 1899, p. 
205, §16; P. G, §5289.) 

47. Oaths May Be Administered by Fish Com- 

missioner. 

The Fish Commissioner is hereby authorized to 
administer oaths, and may require any statement 
made to him in application for license, or in any 
report submitted to him, or in any manner con- 
nected with the discharge of his official business, 
to be made to him under oath. (Laws 1899, p. 205, 
§17; P. C, §5290.) 

48. Terms Defined. 

The term "person or persons" when used in this 
act, shall be taken to include partnerships, associa- 
tions and corporations. The term "seine" in this 



FwhjQysUr and Qatm Laws of Washington, 87 

act is intended to cover all forms of nets known as 
seines, purse seines or purse nets, trawls, beam 
trawls, stow nets, draw nets, bag nets, drag nets, 
drift nets, reef nets and dredge nets. (Laws 1899, 
p. 205, § 18; P. C, §5291) 

49. Reports to Fish Commissioner Confidential. 

All reports showing the status of the business of 
any person required under the provisions of this 
act to report to the Fish Commissioner shall be 
treated by said commissioner as confidential and 
shall not be open to public inspection, nor shall they 
be published in any way by the commissioner or 
communicated to any person unless their publica- 
tion shall be necessary in some civil or criminal 
proceedings against said person or persons for the 
purpose of enforcing the provisions of this act: 
Provided, That the Fish Commissioner may utilize 
any and all statistics furnished him in any annual, 
biennial or other report made by him where the 
use of said statistics or information will not dis- 
close to the public the condition cf business of any 
person : And provided further, That if the Fish 
Commissioner or any one in his employ shall will- 
fully publish the said information or statistics dis- 
closing the condition of business of any individual 
in violation of this section, he shall be guilty of a 
misdemeanor and shall be punished by a fine of any 
amount not exceeding one thousand dollars. (Laws 
1899, p. 205, § 19 ; P, C., § 5292.) 



38 Fish, Oyster and Q-ame Laws of Washington. 



.■ ja j-i gTJga^-JJJ.t ' . ' .^t, --—" -w-^rrastsssftsn 



50. Penalty. 

Any person violating any of the provisions of this 
act, whether or not such violation is otherwise spe- 
cifically declared to be a misdemeanor, either by 
neglecting to observe the requirements of this act 
or violating any of the provisions thereof, shall be 
deemed guilty of a misdemeanor, and shall upon 
conviction thereof for each and every offense, be 
subject to a fine of not less than ten dollars nor 
more than two hundred and fifty dollars. (Laws 
1899, p. 206, § 20; P. C, § 5293.) 

51. Repeal — Saving Clause. 

All acts and parts of acts in conflict with the pro- 
visions of this act are hereby repealed: Provided, 
That all licenses now existing under the laws here- 
tofore in force shall be continued for the time such 
licenses may have to run or for the unexpired por- 
tion thereof, the same as if this act had not taken 
effect, and such licenses shall be renewed upon ap- 
plication upon the payment of the license fees as 
provided by this act. (Laws 1899, p. 206, § 21 ; P. 

c„ §5294-) ■ 

52. Puget Sound Defined. 

For the purpose of more clearly defining the term 
"Puget Sound," all that portion of the tide waters 
emptying into the Straits of Fuca, and the bays, in- 
lets, streams and estuaries thereof, shall be known 



Fish j. Oyster and Game Laws of Washington. 39 

and designated as Puget Sound, (Laws 1890; 2 Bal. 
C, §7381; P. C, § 1820.) 

53. Taking of Salmon Near Fish Rack. 

It shall be unlawful to catch, kill or in any man- 
ner destroy any salmon on or within one mile be- 
low any rack or other obstruction erected across 
any river or stream for the purpose of obtaining 
fish for propagation, and any person or persons 
violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor, and upon con- 
viction thereof be fined in a sum of not less than 
fifty dollars nor more than two hundred and fifty 
dollars ; and any and all appliances used in viola- 
tion of this section, boats, nets, traps, wheels, seines, 
or other appliances, shall be subject to execution 
for the payment of the fine imposed. (Laws 1890; 2 
Bal. C, § 7378.) 

54. Young Salmon Must Be Restored to Water 

Where Caught. 

Every person who by seine or by any means 
whatever, except by hook and line, shall catch 
young salmon of ten inches in length or les, in the 
waters of Puget Sound, or in any of the streams 
flowing into Puget Sound, and who shall not return 
the same immediately alive to the water, or who 
shall sell or offer for sale any such fish, or shall 
wilfully destroy any small fish not merchantable, 



40 Fish, Oyster and Game Lams of Washington. 

shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined in a sum not less 
than twenty-five dollars nor more than seventy- 
five dollars for each and every offense. (Laws 1893; 
2Bal.C,§7383;P- C.J5304O 

55. Corrupting Waters Containing Fish— Explo- 

sives. 

It shall not be lawful to cast or pass, or allow to 
be cast or passed, into any waters of this state into 
which salmon or tiout are wont to be, any lime, gas, 
cocolus indicus, or any other substance deleterious 
to fish, or to explode or cause to be exploded any 
powder, Hercules powder, dynamite, nitro glycer- 
ine, or any other explosive substance, for the pur- 
pose of catching, killing or destroying salmon or 
other food fish, and any person or persons violat- 
ing any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and, upon convic- 
tion thereof, be fined in a sum not less than fifty 
dollars nor more than two hundred and fifty dol- 
lars. (Laws 1891 ; 2 Bal. C, § 7384.) 

56. Fishways to Be Provided. 

Any person or persons now owning, 'or maintain- 
ing, or who shall hereafter construct or maintain, 
any dam or other obstruction across any stream in 
the state in which any food fish are wont to as- 
cend, without providing a fishway or ladder deter- 
mined and approved by the Fish Commissioner of 



Fish, Oyster and Game Laws of Washington, 41 

this state and suitable to enable the fish to pass 
over, through or by said obstruction, upon convic- 
tion thereof shall be guilty of a misdemeanor and 
punished by a fine of not less than one hundred 
dollars nor more than two hundred and fifty dollars, 
and said dam may, in the discretion of the court, be 
abated as a nuisance. Any person who at any time 
shall catch or take any food fish of the State of 
Washington within one hundred yards of any fish- 
way or ladder, whether such fishway or ladder is 
lawful or not, shall be guilty of a misdemeanor 
and upon conviction thereof shall be punished by a 
fine of not less than fifty nor more than two hun- 
dred and fifty dollars. (Laws 1893 ; 2 Bal. C, § 7385 ; 

P. C, § 5297.) 

57. Casting Sawdust, etc., Into Streams. 

It shall not be lawful for the proprietor or any 
saw mill in this state, or any employe therein, or 
any other person, to cast sawdust, planer shavings, 
or other lumber waste made by any lumber manu- 
facturing concern, or suffer or permit such saw- 
dust, shavings or other lumber waste to be thrown 
or discharged in any manner into the Columbia 
river and its tributaries, and all other streams and 
lakes in this state where fish resort to spawn, and 
any person or persons violating any of the provis- 
ions of- this section shall be deemed guilty of a mis- 
demeanor/and upon conviction thereof shall be fined 
in a sum not less than one hundred nor more than 
two hundred and fifty dollars. (Laws 189O; 2 Bal. 

C, fi?$§; J?, C v J5£q|.) w , .-. - 



42 Fish, Oyster and Game Laws of Washington. 
58. Word "Salmon" Defined. 

Whenever the term "salmon" is used in this act, 
it shall be construed to include chinook, steel head, 
blue back, silver sides, and all other species of sal- 
mon. (Laws 1890; 2 Bal. C, § 7387; P. C, § 5290.) 

5g. Jurisdiction of Justices of the Peace. 

Justices of the peace shall have concurrent juris- 
diction with the Superior Court of all offenses men- 
tioned in this act. (Laws 1890; 2 Bal. C, § 7389; P. 

C, § 5302.) 

60. Taking Fish for Propagation Is Lawful. 

Nothing in this act shall be construed so as to 
prevent the taking of fish at any time of year, and 
in any manner, for propagation. (Laws 1890; 2 Bal. 
C, §739o; P. C, § 5303.) 

61. Right to Take Fish for Sale Limited to Citi- 

zens. 

It shall be unlawful for any person to fish for or 
take for sale or profit any salmon,, sturgeon, or other 
food fish, in any o£ the rivers or waters of this state, 
or over which it has concurrent jurisdiction in civil 
and criminal cases, unless such person be a citizen 
of the United States, or has declared his intention 
to Become sucb one year prior thereto, and is and 



Fish, Oyster and Game Laws of Washington. 43 

has been for" six months immediately prior to the 
time he engages in such business an actual resi- 
dent of the state. (Laws 1891 ; 2 Bal. C, § 7391.) 



62. Fact of Citizenship and Residence, How De- 
termined. 

Any person desiring to fish for salmon, sturgeon, 
or other food fish in any such rivers or waters may 
go before any county clerk of any county in this 
state and furnish satisfactory evidence of his citi- 
zenship, or of the fact that he has declared his in- 
tentions to become such one .year prior thereto, and 
file his own affidavit and the affidavit of two other 
persons, to the effect that he is and has been for six 
months prior thereto an actual bona fide resident of 
this state, and thereupon such recorder or clerk 
shall issue to him a certificate briefly reciting those 
facts, and thereafter in any prosecution against such 
person for a violation of the provisions of this act 
such certificate or duly authenticated copies of the 
record in the office of the clerk or recorder relative 
thereto shall be prima facie evidence of his citizen- 
ship and residence as in this act required. But in 
all prosecutions under this act the burden of proof 
shall be on the defendant to establish the facts of 
his citizenship and residence. (Laws 1891 ; 2 Bal. C 
§ 7392.) 



44 Fish, Oyster and Game Laws of Washington. 

63. Punishment Upon Conviction of Offense. 

Any person violating any of the provisions of 
this act, upon conviction thereof before any justice 
of the peace, shall be fined not less than five nor 
less [more] than one hundred dollars. (Laws 1891 ; 
2Bal.C,§7393;P. C.J531SO 

64, Certificate — Fee for Issuing— Registry. 



For taking the affidavits and issuing the certifi- 
cates herein provided for, the clerk shall collect from 
the party applying the sum of one dollar, to be paid 
into the county treasury; and he shall keep in his 
office a record of all certificates issued pursuant to 
this act. (Laws 1891 ; 2'Bal. C, §7394; P. C, §5316.) 

65. Persons Excepted from Operation of Above 

Sections. 

Nothing in this act shall be construed to prevent 
citizens of any state having concurrent jurisdiction 
with this state over or upon any rivers or waters 
from fishing upon such rivers or waters : Provided, 
That this act shall not applv to Indians. (Laws 
i8 9 i;2Bal. C, § 7395 J P- C.;J 531*) 

66. Protection of Sturgeon—Closed Season. 

Hereafter it shall not be lawful for any person 
or persons to take, capture or kill in the waters of 
the Columbia river or tributaries thereof any stur- 



Fish Oyster and Game Laws of Washington. 45 

geon between the first day of March and the first 
day of November in each and every year, under a 
penalty of twenty dollars for each and every stur- 
geon so taken, captured or killed, or had unlawfully. 
(Laws 1899, p. 271, § 1 ; P. C, § 5307.) 

67. Protection of Young Sturgeon— Penalty. 

It shall not be lawful at any time to take or kill 
any young sturgeon under four feet in length, or 
fish for the same by any device or appliance what- 
ever in the waters of the Columbia river or tribu- 
taries thereof, and any person or persons fishing 
with gill nets, fish wheels or other fishing appa- 
ratus whatever in the waters of the Columbia river 
or tributaries thereof, who on lifting, drawing, tak- 
ing up or removing any of said nets, or other fishing 
apparatus, shall find young sturgeon under four 
feet in length entangled or caught therein, shall im- 
mediately, with care and the least possible injury 
to the fish, disentangle and let loose the same and 
transmit the fish to the water without violence. 
Any person or persons violating any of the provi- 
sions of this section, or having in their possession 
• young sturgeon under four feet in length, either for 
consumption or sale, or who is known to willfully 
destroy the same, for so offending shall, on con- 
viction thereof, be punished with a fine of ten dol- 
lars for each and every fish so caught, sold or de- 
stroyed. (Laws 1899, p. 271, § 2; P. C, § 5308O 



46 Fish, Oyster and Game Laws of Washington. 
68. Chinese Lines Prohibited—Penalty. 

It shall be unlawful to cast, extend, set, use or 
continue or assist in casting, extending or using any 
Chinese sturgeon lines, or lines of a similar char- 
acter, in the waters of this state. The Fish Com- 
missioner and any deputies are hereby authorized 
to seize and destroy any such lines found in said 
waters, and they are hereby authorized to arrest 
forthwith any person or persons detected in setting 
or using any Chinese sturgeon lines, or lines of sim- 
ilar character, in the waters of this state. Any 
person violating any of the provisions of this sec- 
tion shall be fined in a sum not less than twenty- 
five dollars and not more than one hundred dollars. 
(Laws 1899, p. 272, § 3; P. C, § 5309.) 



FOR THE PROTECTION OF TROUT AND 
OTHER GAME FISH. 



69. Close Season. 

Until after the first day of August, 1908, it shall 
be unlawful for any person to take from the streams 
or lakes of the State of Washington any trout or 
other game fish for the purpose of selling, salting 
or otherwise preserving the same: Provided, This 
section shall not apply to salmon trout in streams 
west of the Cascade range. (Laws 1903, p. 189, 

§1.) 



Fish, Oyster and Game Laws of Washington. 47 

70. Penalty. 

Any person violating the provisions of the first 
section of this act shall be guilty of a misdemeanor 
and subject to a fine of not less than fifty dollars 
($50), or imprisonment of not less than thirty days, 
or both. (Laws 1903, p. 190, § 2.) 

71. Unlawful to Have in Possession for Transpor- 

tation or Market. 

It shall be unlawful for any person, firm, com- 
pany, partnership or corporation to transport or 
have in their possession for the purpose of trans- 
portation or for the market any trout or game fish 
within the State of Washington. Possession of any 
of said fish by any of said persons herein named 
shall be presumptive evidence that said fish are 
possessed for the purpose of sale in market: Pro- 
vided, That nothing in this act shall be construed 
to be in conflict with the provisions of an act passed 
March 18, 1901, relating to the establishment and 
maintenance of private fish hatcheries, known as 
Chapter 153, Laws of 1901. (Laws 1903, p. 190, § 3.) 

72. Penalty. 

Any steamboat or other transportation company 
violating section three of this act shall be guilty 
of a misdemeanor and shall be subject to a fine or 
imprisonment as provided in section two of this 
act. .(Laws ; i 903, p; 1.90, § 4 : i, •>. :.-:;. ,,, :.-;..■. 



48 Fish, Oyster and Game Laws of Washington. 

PROVIDING A CLOSE SEASON FOR TROUT 
FISHING IN CHELAN COUNTY. 



73. Chelan County. 

That Section one (1) of Chapter forty-seven (47) 
of the laws of 1903 be and the same is hereby 
amended to read as follows : 

Section 1. It shall not be lawful for any person 
or persons to take, capture, catch or kill from any 
of the lakes or streams within the county of Chelan, 
or to have in their possession after the same have 
been taken, captured, caught or killed, any trout 
between the fifteenth day of April and the first day 
of July of each year. (Laws 1905.) 

74. Penalty, 

Any person violating the provisions of this act 
shall be guilty of a misdemeanor and subject to a 
fine of not less than twenty-five dollars ($25) nor 
more than one hundred dollars ($100). (Laws 1903, 
P- 54, § 2.) 

75. Repeal. 

All other laws relating* to the close season for 
trout and other game fish shall be inoperative in 
the said county of Chelan after the passage of 
this act. (Laws 1903, p. 54, § 3.) 

76. When Trout May Not Be Taken. 

. Every .person who shall, within the State of Wash- 
ington, during the months of November,- December, 



Fish j Oyster and Game Laws of Washington. 49 

January, February and March of each year, take, 
catch, kill or have in their possession any brook 
trout [or] mountain trout shall be deemed guilty 
of a misdemeanor. Every person who shall take, 
catch, kill or have in their possession any of the 
food fishes implanted in the creeks, rivers, lakes or 
bays of the State of Washington, except for propa- 
gating the same, for a period of three years after 
the same shall have been implanted, shall be guilty 
of a misdemeanor. (Laws 1895 ; 2 Bal. C, § 7373;" P. 

c § 5305.) 

77. Trout to be Taken Only With Hook and Line. 

Every person who shall within the State of Wash- 
ington, catch or destroy, with any seine, net, weir, 
trap, or other device, other than hook and line, any 
mountain trout, brook trout, bull trout, or salmon 
trout, in any of the waters of the State of Washing- 
ton, shall be guilty of a misdemeanor. (Laws 1891 ; 
2 Bal. C, § 7374; P. C, § 5306.) 

78. Possession Presumption of Unlawful Taking. 

Every person who shall, within the State of Wash- 
ington, have in his possession any of the animals, 
fowls, birds or fish mentioned in section y6 of this 
code at any time when by any of said sections it is 
made unlawful to take or kill the same, shall be 
guilty of a misdemeanor; and proof of possession by 
any person of the aforesaid animals, fowls, birds or 
fish,, when it is.-unjawfuj -.to .take or. kill the,. same, 



50 Fish, Oyster and Game Laws of Washington. 

shall be prima facie evidence that the animals, fowls, 
birds or fish were unlawfully taken or killed by the 
person having possession of the same, within the 
county wherein the same may be found: Provided, 
That nothing in this article shall prohibit any per- 
son from taming or keeping for the purpose of prop- 
agation or curiosity any of the animals, fowls or 
birds mentioned therein. (Laws 1891 ; 2 Bal. C, 
§ 7375-) 

79. Penalty for Violation. 

Every person who shall, within the State of Wash- 
ington, be convicted of a violation of any of the pro- 
visions of sections j6 and yj, shall be punished by a 
fine of not less than ten dollars and not more than 
three hundred dollars, together with the costs of 
prosecution, or imprisonment in the county jail 
where the offense is committed not less than five 
days nor more than three months, or both such fine 
and imprisonment. One-half of all moneys col- 
lected from such fines for 1 violation of any of the 
provisions of said sections shall be paid to the in- 
former, and one-half to the county in which the 
case is prosecuted. (Laws 1888; 2 Bal. C, § 7376.) 

8o! Protection of Bass, Perch, Pickerel and Pike- 
Closed Season. 

It shall not be lawful for any person or persons 
to take, capture-, catch or kill in any of the Jakes. or 



Fish, Oyster and Game Laws of Washington. 51 



streams in this state, or have in their possession 
after the same has been taken, captured, caught or 
killed, any bass, perch, pickerel or pike, between 
the 15th day of May and the 1st day of July of 
each and every year. (Laws 1901, p. 324, § 1 ; P. C, 
§ 53io.) 

81. Bass, Perch, Pickerel and Pike to Be Taken 

Only With Hook and Line. 

It shall not be lawful at any time to take, capture, 
catch or kill any bass, perch, pickerel or pike in any 
of the lakes or streams of this state by the use of 
any device or in any other manner than with hook 
and line. (Laws 1901, p. 324, § 2; P. C, § 5311.) 

82. Protection of Bass, Perch, Pickerel and Pike — 

Penalty. 

Upon conviction of any violation of this act the 
person or persons so convicted shall be punished 
by a fine of not less than ten dollars, nor more than 
fifty dollars. (Laws 1901, p. 324, § 3 ; P. C, § 5312.) 

83. Wire Screens at Head of Canals, Ditches and 

Flumes. 

That any person or persons, company or corpora- 
tion owning, operating or controlling any canal, 
ditch or flume used for irrigating purposes shall erect 
on streams where state fish hatcheries are located 



52 Fish, Oyster and Game Laws of Washington. 

and keep at the head of every such canal, ditch or 
flume, a wire screen or grill ; the design and con- 
struction of the same shall be under the direction 
and approval, of the State Fish Commissioner ; said 
wire screen or grill shall be well constructed, and 
the meshes of said screen or grill shall not be farther 
apart than one-fourth of one inch, and shall be se- 
curely placed in the head of every such canal, flume 
or ditch,- so as to prevent the ingress of any moun- 
tain trout or other food fishes from any of the lakes 
or streams of this state. (Laws 1905.) 

84. Penalty. 

Any person or persons, company or corporation, 
or any agent of any company or corporation, violat- 
ing any of the provisions of this act shall be guilty 
of a misdeameanor, and upon conviction thereof, 
shall be fined in any sum not less than fifty, nor 
mqre than five hundred dollars. (Laws 1905.) 



PROVIDING A BOUNTY. FOR KILLING 
SEALS AND SEA LIONS. 



85. Rate of Bounty. 

There shall be paid a bounty in the sum of one 
dollar for the killing of each common seal (phoca 
vitulina), and the sum of two dollars and fifty 
cents for the killing of each sea lion, when killed 



Fish> Oyster and Game Laws of Washington. 53 

within the waters of the State of Washington or 
within the waters of the Pacific ocean within one 
marine league of the Washington shore : Provided, 
however, That not more than twenty-five hundred 
dollars shall be paid in any year as a bounty under 
the provisions of this act. (Laws 1903, p. 344, § 1.) 

86. Procedure to Obtain Bounty. 

Any person killing or causing to be killed within 
the waters of the State of Washington, or within 
the Pacific ocean within one marine league of the 
Washington shore, any common seal (phoca 
vitulina), or any sea lion, shall scalp or cause to 
be scalped said seal or sea lion and shall take the 
scalp to the Fish Commissioner of the State of 
Washington, or any deputy, and shall make an af- 
fidavit that the animal from which the scalp was 
taken was killed within the State of Washington, 
or in the Pacific o'eean within one marine league of 
the, Washington shore, together with date of kill- 
ing, which said affidavit shall be in the following 
form : 

STATE OF WASHINGTON, 
County of ss - 

I, (A. B.) being- first duly sworn, on oath, depose and say, 
that I killed (in case the party making- the affidavit did not 
kill, then he must include herein that he saw killed, and here 
insert the kind killed and the place and time when killed), 
said animals within the State of Washington, or (if in the 
waters of the Pacific Ocean), within one marine league of 
the Washington shore, and that the scalp or scalps, which, 
are here presented are the identical scalps taken from said 
animals and which animals were killed within the year 190 



Signed .J 

Subscribed and sworn to before me this day of 

190 



Fish Commissioner of the State of Washington, 



54 Fish, Oyster and Game Laws of Washington. 

That thereupon said Fish Commissioner or his 
deputy, shall immediately investigate the truth of 
said affidavit and all allegations therein, and shall 
be authorized to demand additional evidence, and 
the Fish Commissioner and any deputy appointed 
by him is hereby authorized to administer oaths 
and take the affidavit hereinbefore provided. (Laws 
1903, P. 345, § 2.) 

87. Delivery of Scalps to Fish Commissioner. 

The party killing said animals and presenting 
said affidavit mentioned in section two of this act 
shall be required to deliver all scalps to the Fish 
Commissioner or the deputy taking the affidavit. 
Thereupon the Fish Commissioner, upon being 
satisfied the party making the affidavit actually 
kiled or caused to be killed the number of animals 
named in his affidavit, and the scalps presented 
are in number identical with the number and kind 
stated in the affidavit, and all delivered to the Fish 
Commissioner, shall issue a certificate in duplicate, 
which shall be in the following form: 

County of ) 

STATE OF WASHINGTON, f ss - 

This is to certify that has sat- 
isfactorily proved to me that he killed 

within the waters of the State of Washington, and is entitled 

to receive from the State Treasurer the sum of 

therefor. 



Fish Commissioner of the State of Washington. 

Provided, That in case the affidavit and scalps 
herein provided are presented to a deputy fish com- 



Fish, Oyster and Game Laws of Washington. 55 

missioner, the deputy shall investigate the state- 
ments contained in said affidavit, and he shall for- 
ward the said affidavit together with his report 
in writing thereon, to the Fish Commissioner, and 
the Fish Commissioner shall thereupon investigate 
the same and if satisfied of the truth of said affi- 
davit, shall issue the certificate hereinbefore men- 
tioned, but the deputy fish commissioner shall not 
destroy the scalps delivered to him until the Fish 
Commissioner issues the certificate. No deputy 
shall be permitted to issue any certificate hereun- 
der. Each certificate and duplicate shall be cor- 
rectly and consecutively numbered, the original 
shall be delivered to the party making the affidavit 
and the duplicate shall be numbered the same as 
the original and shall be immediately forwarded to 
the State Auditor to be filed in his office. The party 
receiving such (such) certificate, or his assigns or 
order, upon presentation of such certificate to the 
State Auditor shall be entitled to be paid the amount 
thereof, and the State Auditor upon said certificate 
being presented to him shall compare the same with 
duplicate thereof, and if found in all respects cor- 
rect, shall issue a warrant for the amount thereof. 
The Fish Commissioner shall immediately after is- 
suing the certificate hereinbefore mentioned, de- 
stroy all scalps presented, but shall preserve and 
keep of record all affidavits, and shall keep correct 
record of the number and amount of each certifi- 
cate issued, in a book provided for that purpose, 
and when .the total amount of. certificates, issued 



56 Fish j Oyster and Game Laws of Washington. 



shall equal twenty-five hundred dollars ($2500) in 
any one year, no more certificates shall be issued 
for that year, and no further. bounty paid for that 
year. (Laws 1903, p. 345, § 3.) 

88. Scalp— What to Consist of. 

A scalp, referred to in this act, shall con- 
sist of both ears, of the seal or sea lion, connected 
by a strip of skin that grew between them at least 
two inches wide intact. (Laws 1903, p. 347, § 4.) 

89. Appropriation. 

For the purpose of paying the bounties 
provided in this act, there is hereby appropriated 
the sum of five thousand dollars for the period of 
two 3^ears from this date, that is to say : twenty-five 
hundred dollars for the payment of the bounties 
for the year 1903, and twenty-five hundred dollars 
for the payment of bounties for the year 1904 out 
of any moneys in the fish hatchery fund in the state 
treasury not otherwise appropriated. (Session 
Laws 1903, p. 344-347.) 

(No appropriation at 1905 session.) 

90. Riparian Proprietor May Establish Private 

Hatehery. 

Any riparian proprietor may establish a private 
fish hatchery for the cultivation of food fishes, and 
lor- svc^p^r^ose and use ..may, .within, the li-roits, of 



Fish, Oyster and Game Laws of Washington. 57 

His* own' premises, inclose the waters of any river 
or stream or lake in this state, subject to the con- 
ditions and regulations hereinafter provided ; and 
any person lawfully conducting any such private 
fish hatchery and engaged in the artificial propaga- 
tion, culture and maintenance of fishes, may take 
them in his own inclosed waters wherein the same 
are so cultivated and maintained at any time and for 
any purpose. (Laws 1901, p. 318, § 1.) 

9.1. Private Hatchery — Passageway for Migratory 
Fish — Passageway for Boats, Etc. — Excep- 
tions. 

Any person, firm or corporation establishing a 
private fish hatchery and inclosing the waters of a 
river or stream, as provided in section 1 of this 
act shall provide and furnish a suitable passage- 
way along said hatchery for migratory fishes 
naturally frequenting such waters, above and below 
such hatchery, and shall so place and construct said 
inclosure as to allow the passage of boats, saw logs, 
shingle bolts, cordwood, fencing posts or rails, with- 
out unreasonable delay, when such inclosure is 
upon a river or stream navigable and generally 
used for the navigation of boats, or for the floating 
down of logs, fencing posts, or rails: Provided, 
That if the person, firm or corporation inclosing 
the waters of a river or stream, as herein provided, 
is the sole riparian proprietor thereof from such 
inclosure to and including the source of such river 



58 Fish, Oyster and Game Laws of Washington. 

or stream, such person, firm or corporation shall 
be excepted from the operation of this section, and 
shall not be required to furnish any passageway for 
fish or for boats, logs, fencing or other material. 
(Laws 1901, p. 318, § 2.) 

92. Private Hatchery Defined. 

Any person, firm or corporation engaged in the 
business of taking fish spawn and the artificial 
hatching thereof, or in the raising of fry and fish 
therefrom, in any of the waters or streams of this 
state, shall be deemed to be conducting a private 
fish hatchery under the terms of this act. (Laws 
1901, p. 319, § 3.) 

93. Sale of Fish from Private Hatchery Prohibited, 

Unless Location, Etc., Be Approved, and 
Same Licensed. 

No fish spawn, fry or fish from any private fish 
hatchery shall be sold under the terms of this act, 
unless the location and plan of such hatchery, in- 
cluding the character and size of fishway and pas- 
sage be approved by the Fish Commissioner, and 
the same duly licensed as a private fish hatchery. 
(Laws 1901, p. 319, § 4.) 

94. When Fish May Be Sold. 

The product of such fish hatchery, fish spawn, fry 
and fish, may be sold at any time of the year by such 



Fish, Oyster and Game Laws of Washington. 59 

hatchery or their then vendees after having first 
complied with the terms of this act and the regula- 
tions of the Fish Commissioner in relation thereto. 
(Laws 1901, p. 319, § 5.) 

95. License Fee. 

Each private fish hatchery, before it shall be en- 
titled to the benefits of this act, shall pay an annual 
license fee of $25 to the Fish Commissioner. (Laws 
1901, p. 319, § 6.) 

96. Reports to Fish Commissioner. 

It shall be the duty of the superintendent or per- 
son in charge of any private fish hatchery to make 
a quarterly report to the State Fish Commissioner 
of the amount of spawn, fry and number of fish 
sold, and the name and address of the party receiv- 
ing the same. It shall be the duty of each person, 
firm or corporation affected by the provisions of 
Section 8 to render to the Fish Commissioner of the 
State of Washington a quarterly report giving a 
detailed statement showing the amount of spawn, 
fry and number of fish received from any private 
hatchery, and giving the name and postoffice ad- 
dress of the superintendent or manager of the same. 
(Laws 1901, p. 319, § 7.) 

97. License Fees for Business of Buying, Packing, 

Selling, Etc. 

Every person, firm or corporation engaged in the 
business of buying and selling, packing and preserv- 



60 Fhhj Oyster and Game Laws of Washington. 

ing, or otherwise dealing in trout or other food fish 
obtained from private hatcheries of this state, shall 
procure a license for such business from the Fish 
Commissioner of the state and shall pay an annual 
license fee of $2.50. (Laws 1901, p. 320, § 8.) 

98. Unlawful to Take Fish Without Permission of 

Proprietor of Private Hatchery. 

No person shall take fish in any manner from 
the inclosed portion of any river, stream, pond or 
other water in which a private fish hatchery is lo- 
cated, or in which fish are artificially propagated, 
cultivated and maintained under the provisions of 
this act, without permission of the owner or pro- 
prietor of such hatchery. (Laws 1901, p. 320, § 9.) 

99. Fish and Game Protection Fund. 

All moneys collected for licenses and fines under 
the provisions of this act shall be turned into the 
state treasury and placed in the fish and game pro- 
tection fund. (Laws 1901, p. 320, § 10.) 

100. Penalty. 

Any person violating any of the provisions of this 
act shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punished by im- 
prisonment in the county jail for a period not to 
exceed six months or by a fine of not more than 



Fish j Oyster and Game Laws of Washington, 61 



$500 or by both such fine and imprisonment. (Laws 
1901, p. 320, § 11.) 

101. Tags or Brands on Fish Sold. 

The State Fish Commissioner shall have author- 
ity to require tags, branding or other device at- 
tached to all fish sold from private hatcheries. (Laws 
1901, p. 320, § 12.) 

102. Repealing Clause. 

All acts and parts of acts in conflict with the pro- 
visions of this act are hereby repealed. (Laws 1901, 
p. 320, § 13.) 



OYSTER LAWS. 



CREATING A STATE OYSTER COMMIS- 
SION; A STATE OYSTER FUND, AND MAK- 
ING AN APPROPRIATION THEREFOR. 



103. Commission. 

There is hereby created a State Oyster Commis- 
sion to consist of the Governor, Commissioner of 
Public Lands and the Fish Commissioner. (Laws 
1903, p. 340, § 1.) 

104. Records. 

The Commissioner of Public Lands shall be the 
secretary of said commission, which secretary shall 
keep a true, full and correct record of all meetings 
of said commission. Said records shall be kept in 
the office of the Commissioner of Public Lands and 
shall be public records open for inspection of the 
public during office hours. (Laws 1903, p. 340, § 2.) 

105. Meetings. 

The said commission shall regularly meet on the 
first Tuesday in January, April and October, of each 
year, at the office of said commission, and at such 



Fish, Oyster and Game Laws of Washington. 63 

other times as the chairman of said commission 
may call and direct. (Laws 1903, p. 340, § 3.) 

106. Quorum. 

A majority of said commission shall constitute 
a quorum to do business on all questions arising 
or coming before said commission. A decision of a 
majority of the members of said commission shall 
be valid as the act, ruling, judgment or decision of 
said commission. (Laws 1903, p. 340, § 4.) 

107. Duties and Powers. 

It shall be the duty of the State Oyster Commis- 
sion, and they shall have power to: 

1. Examine all existing oyster reserves and to do 
or cause to be done such things as may be deemed 
advisable, to conserve, protect and develop said re- 
serves as now established and that may be here- 
after established, and to make such rules and regu- 
lations as may be found necessary or desirable to 
carry into effect the provisions of this act. 

2. To immediately examine all tide or oyster 
lands belonging to the state (except tide lands of 
the first class and lands hereinabove provided for), 
and to survey, plat and establish thereon what shall 
be and constitute oyster reserves for the future. 

3. To cause a survey or re-survey of all the state 
oyster land reserves now existing or to be estab- 
lished by the said commission, to be made before 
the first day of October, 1903, or as soon thereafter 



64 Fish, Oyster and Game Laws of Washington. 

as possible, and shall have each angle of the boun- 
dary line indicated by a stone not less than one 
hundred pounds in weight and marked with the let- 
ters S. R. cut thereon in letters not less than three 
inches long and one-half inch deep, and to cause 
all oyster reserves to be platted, said plats to be 
filed in the office of the Commissioner of Public 
Lands and in the office of the auditor of the county 
wherein said reserves are located; and in cases 
where the adjoining lands are used in whole or in 
part by private individuals for the production of 
oysters, stakes shall be kept standing on all of the 
angles of the boundary, the tops of which shall be 
at least four feet above high tide. 

4. Said commission may, when it seems to them 
advisable, close any portion of any of the reserves 
against the removal of oysters for any period of 
time, not longer than two years at one time : Pro- 
vided, That such closed periods may be thereafter 
renewecj, from time to time, not exceeding in all 
four years, by the commission. 

5. To care for and protect all reserves and to re- 
seed and replant such as are in need of seed. 

6. To employ such patrolmen and deputies as 
may be necessary for the protection of oyster re- 
serves and to collect licenses and payment for seed 
oysters and to define their duties. (Laws 1903, p. 
341, § 50 

108. Not to Be Sold or Leased. 

The tide land within all oyster reserves estab- 



Fish, Oyster arid Game Laws of Washington. 65 

lished and surveyed and platted by said State Oys- 
ter Commission shall be forever reserved from sale 
or lease. (Laws 1903, p. 341, § 6.) 

109. License to Take Oysters. 

Any person, persons or corporation may secure 
.a license from the State Oyster Commission to take 
from the oyster land reserves oysters to be used for 
seed purposes only, and upon the terms and condi- 
tions hereinafter provided for. (L. '03, Sec. 7, p. 
341.) 

no. License to Specify Time for Taking Seed. 

No license shall be granted to take seed from any 
oyster land reserve except between the first day of 
April and the fifteenth day of June of each year, 
and at no time before five o'clock in the morning, or 
after eight o'clock in the evening; and no person, 
persons or corporation shall take from the state 
oyster land reserves an amount of oysters to ex- 
ceed five hundred sacks to each acre prepared for 
seeding, and all seed taken from the state's oyster 
land reserves under the provisions of this act must 
be used upon the lands situated, in the State of 
Washington and described in the application for 
license. Any person, company or corporation de- 
siring to take oysters from the state's oyster land 
reserves for the purpose of seeding his, her or their 
oyster beds, may make application to the State 
Oyster Commission for a license so to do, said 



66 Fish, Oyster and Game Laws of Washington. 

application to be made upon forms to be provided 
by said State Oyster Commission in substance as 
follows : It shall show the . date when made ; the 
name of the person, company or corporation mak- 
ing the same-; a description of the land upon which 
the oysters are to be placed, said description of land 
to show the county, township, name of bay or inlet 
where land is located; state the amount of land 
prepared for seeding, and how prepared; whether 
the same is diked or not; whether it is hard ground 
or mud, and if mud ground, whether any crust or 
shell, sand or other substance, has been formed to 
protect the seed oysters. The applicant must state 
in application 1he number of sacks of oysters de- 
sired to be taken under the license, which amount 
must not exceed five hundred sacks per acre for all 
ground properly prepared to receive them. Where 
the applicant desires the license to be made in the 
name of any other person than himself or them- 
selves or his or their agent, he shall so state. And 
no person, firm or corporation shall take oysters 
from any of the reserves in this state, without first 
having procured a license so to do. The applicant 
must agree to pay to the Stfate Oyster Commission, 
under such rules as they may prescribe, the sum of 
twenty-five cents per sack on Puget Sound and 
ten cents per sack in all other places for all oysters 
taken under the license and in all other things to 
comply with the rules and regulations governing 
the taking of oysters from the oyster land reserves 
as set forth in the license ; and that all oysters taken 



Fish, Oyster and Game Laws of Washington. 67 

in pursuance of the license shall be put on the 
ground described in the application. Every appli- 
cant shall declare upon oath or affirmation that 
the application is made in good faith, and that all 
things stated therein are true. (Laws 1903, p. 342, 
§ 8.) 

in. Granting of License. 

When application is made to the State Oyster 
Commission for permission to take oysters from the 
state oyster land reserves, and such application is 
made according to the provisions of this act, the 
said commission shall grant such applicant a license 
to go upon any of the state's oyster land reserves 
that are not closed to operation, and take therefrom 
oysters for the use set forth in the application and 
for no other. Said license shall contain the privi- 
leges and prohibitions provided for in this act, and 
such rules and regulations as may have been adopt- 
ed by the commission for the regulation of the busi- 
ness of taking oysters from the oyster land re- 
serves. (Laws 1903, p. 343, § 9.) 

112. Definition of Word "Sack." 

When ever the word sack is used in this act it 
shall be considered to mean a quantity equal in 
weight to one hundred and twenty pounds. (Laws 
J 903, P- 343, § 10.) 

113. License Fee. 

Eivery person applying for a license under the 



68 Fish, Oyster and Game Laws of Washington. 

provisions of this act shall pay to the State Oyster 
Commission five dollars before the license shall be 
issued. (Laws 1903, p. 343, § 11.) 

114. Oyster Fund. 

There hereby is created a fund to be known as the 
oyster fund, and all moneys received from the dis- 
posal of seed oysters on the reserves or any part 
thereof or any of the products thereof, or for license 
to operate thereon and appropriation herein made 
shall go into this fund, and all expense incurred on 
account of the state oyster land reserves shall be 
paid from this fund, by warrants drawn upon the 
funds in the same manner as is pursued in other 
state funds. (Laws 1903, p. 343, § 12.) 

115. Penalty for Violations. 

If any person or persons shall take oysters from 
any of the state oyster land reserves contrary to the 
provisions of this act, or shall go upon said reserves 
and rake up ,or otherwise prepare oysters to facili- 
tate the taking of same, shall be guilty of a misde- 
meanor and upon conviction thereof shall be fined 
in a sum not less than one hundred dollars, and im- 
prisonment for a term of not more than one year, 
and forfeit any license he or she may then hold. 
(Laws 1903, p. 343, § 13.) 

116. Appropriation. 

For the purpose of carrying out the provisions of 



Fish, Oyster and Game Laws of Washington. 69 

this act, the sum of five thousand dollars, or so much 
thereof as may be necessary, is hereby approriated 
from the general fund of the state into the oyster 
fund : Provided, however, That within two years 
from the date of the passage of this act, the amount 
hereby appropriated shall be reimbursed by the 
oyster fund to the general fund, and thereafter fifty 
per cent, of the amount received for licenses and re- 
ceipts for seed shall be paid into the state general 
fund. (Laws 1903, p. 344, § 14.) 

117. Emergency. 

An emergency exists and this act shall take effect 
immediately. (Laws 1903, p. 344, § 15.) 



HOW OYSTER LANDS ARE ACQUIRED. 



118. Acquisition of Lands for Planting — Survey, 
Etc. 

It shall be lawful for any person who is entitled to 
purchase tide lands pursuant to the act of March 
twenty-six, eighteen hundred and ninety, as being 
an occupant of land planted with oysters, to survey 
or cause to be surveyed at his own expense, the land 
that pursuant to said act he is entitled to purchase, 
not exceeding one hundred acres in area : Provided, 
That the party making application to purchase un- 
der the provisions of this article shall accompany 



70 Fish, Oyster and Game Lams of Washington. 

such application with a certificate under oath to the 
effect that lands purchased under the provisions of 
this article shall be used for oyster planting purposes 
only. Survey and description in duplicate of such 
tract shall be subject to the direction, oversight and 
approval of the Board of State Land Commissioners, 
and one description of said tract as surveyed shall 
be filed with and be recorded by the county auditor 
of the county in which said tide lands are situated, 
in a book kept by him for such especial purpose, and 
a duplicate description in the office of the Commis- 
sioner of Public Lands. (Laws 1895, p. 36, §§ 1-2; 1 
Bal. C, § 2235 ; P. C, § 6836-6837.) 

119. Price Per Acre — Survey Lines of. 

The survey of such lands, as provided in the fore- 
going section of this article, may not be required to 
follow the lines of United States government survey, 
but may follow the direction of the oyster beds actu- 
ally occupied by the party proposing to purchase the 
same ; the persons entitled to purchase such oyster 
beds under the provisions of this article may pur- 
chase the same at the rate of one dollar and twenty- 
five cents per acre, one-fourth of which price shall be 
paid at the time of making such purchase, and the 
remaining three-fourths in three equal annual pay- 
ments, each of which sums shall draw interest at the 
rate of eight per cent, per annum, the unpaid por- 
tions remaining as a lien upon said land until all pay- 
ments shall be made in full, and the purchaser shall 
thereupon be entitled to a deed to the same. Said 



Fish, Oyster and Game Laws of Washington. 



deed shall be executed by the governor, attested by 
the Secretary of State with the seal of the state 
thereunto attached, which deed shall contain the 
conditions of defeasance in this article provided. 
(Laws 1895, p. 36, § 3 ; Bal. C, § 2236; P. C, 6838.) 

120. Prior Right of Actual Occupant — Application 
to Purchase. 

Any person having the right to purchase such tide 
lands as provided by this article, and being an actual 
occupant of the same, shall have the prior right to 
purchase for a period of six months from and after 
the pasasge of this act and its being signed and ap- 
proved by the Governor. Upon the filing of a de- 
scription of the survey of such land, as provided 
for by the foregoing sections of this article, the per- 
son or persons having occupied or desiring to oc- 
cupy such lands as described in paragraph 117, may 
file with the Commissioner of Public Lands an appli- 
cation to purchase such lands, together with a de- 
scription of the lands applied for, by metes and 
bounds, and upon the receipt of the same the Com- 
missioner of Public Lands shall, at the expense of 
the applicant, publish, or cause to be published, for 
three successive weeks in any newspaper of general 
circulation printed and published in the county 
where such lands are situated, a notice of such appli- 
cation to purchase, giving therein a description of 
lands applied for. During the next thirty days 
following the last publication of said notice, any per- 
son claiming a prior right to purchase such tide 



72 Fish , Oyster and Game Laws cf Washington. 

lands may file with the Commissioner of Public 
Lands a contest for the purpose of establishing a 
prior right to purchase, or, upon petition of ten citi- 
zens who shall be residents of the county wherein 
such contest shall be upon the right of applicant to 
purchase, as provided in the foregoing sections of 
this article. If the party making contest shall fail 
to establish a prior right to purchase, said party 
shall be liable for the costs resulting direct from 
such contest, except private attorney fees, and the 
sum of such cost shall be paid by such contestant 
into the state treasury department, and, upon such 
payment being made, shall be entitled to a receipt 
for the same. (Laws 1895, p. 37, §§ 4, 5; 1 Bal. C, 
§ 2237; P. C, §§ 6839-6840.) 

121. Construction.. 

This act shall in no. manner apply to the pro- 
visions of the act of March twenty-sixth, eighteen 
hundred and ninety, providing for the appraisal and 
disposition of tide and shore lands in the State of 
Washington except as far as it relates to lands actu- 
ally used or to be used for the purpose of oyster 
planting. (Laws 1895, p. 38, § 6; 1 Bal. C, § 2238; 
P. C, §6841.) 

122. Right to Purchase. 

Any person desiring to purchase tide lands for the 
purposes of oyster planting may purchase tide lands 
of the third class not included. in any natural oyster 



Fish, Oyster and Game Laws of Washington. 78 

beds or any reserve pursuant to the provisions of 
this article, in subordination of any pre-emption 
right confirmed' by said act of March twenty-sixth, 
eighteen hundred and ninety. Nothing in this article 
shall be construed so as to effect [affect] the prefer- 
ence right of shore or upland owners or improvers, 
as conferred by the provisions of said act or other 
provisions of law. Laws 1895, p. 38, § 7; 1 Bal. 
C, §2239; P. C, §6842.) 

123. Persons Authorized to Purchase— Abandon- 
ment. 

No person shall be entitled, directly or indirectly, 
to the privileges of this article who is not an actual 
resident and citizen of the United States and State 
of Washington, and no person not a citizen of the 
State of Washington shall be competent to acquire 
deeds to any lands sold by the state under the pro- 
visions of this article : Provided, That any citizen of 
the United States and not a citizen of the State of 
Washington, or any corporation organized under 
the laws of any other state other than the State of 
Washington, that has planted and cultivated and 
planted in oysters any tract or tracts or parcels of 
such lands for the period of five years next preced- 
ing January first, eighteen hundred and ninety-five, 
shall have the exclusive right to purchase such tract 
or tracts or parcels of land so planted and cultivated 
as aforesaid, but not exceeding one hundred acres in 
the aggregate, such prior right to be within six 
months after the approval of this act. And failure 



74 Fish, Oyster and Game Laws of Washington. 



to make application to purchase said lands within 
six months by such person or corporation shall for- 
feit the right hereby granted to such person or cor- 
poration to purchase any such lands. If from any 
cause any tract or tracts, parcel or parcels of land 
purchased under the provisions of this article shall 
become unfit and valueless for the purpose of oyster 
planting, the party having so purchased and being in 
possession of the same may, upon certifying such 
fact under oath to the Commissioner of Public 
Lands and to the auditor of the county wherein such 
lands are situated, and also upon filing under oath 
a certificate of abandonment of such tract or tracts, 
parcel or parcels of land, in the office of each of said 
officials, such party shall then be entitled to again 
make purchase as hereinbefore provided; or if said 
land be used by the purchaser or any successors in 
interest of such purchaser in whole or in part for 
other than the purposes specified in this article then 
upon application by any citizen to the State Land 
Commissioner such sale may be canceled, and the 
said land shall revert to the state and shall be sub- 
ject to sale as herein provided, but not to such de- 
faulting purchaser or such defaulting successor in 
interest. (Laws 1895, p. 38, §§ 8, 9; 1 Bal. C, § 
2240; P. C„ §§ 6843-6844.) 

124. Construction. 

The provisions of this article shall not apply to 
such lands as have already been surveyed, appraised 
and platted. (Laws 1895, p.. 39, § 10; 1 Bal. C, § 
2241 ; P. C, § 6845.) 



Fish, Oyster and Game Laws of Washington. 75 



SALE OF OYSTER LAND. 



125. Right to Purchase. 

All persons having the qualifications provided by 
law to enable them to purchase tide lands within the 
State of Washington, and who prior to March 26, 
1890, in good faith entered upon tide lands not in 
front of any incorporated city or town, nor within 
two miles thereof on either side, and planted and 
cultivated thereon artificial oyster beds, and who 
continued to occupy and work the same continuous- 
ly and in good faith to March 26, 1890, and ever 
since said date, and who are now in possession of 
and working said oyster beds in good faith, shall 
be permitted to purchase the same for the purpose of 
cultivating oysters thereon, and for no other pur- 
pose, whether said tracts were originally covered by 
alleged natural oyster beds or r.vt; and where, not 
withstanding such prior occupancy and cultivation, 
any such tract or tracts so occupied prior to March 
26, 1890, shall since such date have been reserved 
from sale or lease as natural oyster beds, the person 
or persons or their assigns who planted, occupied 
and cultivated such artificial beds, may, by comply- 
ing with the provisions of law touching the sale of 
artificial oyster beds and paying the value thereof 
fixed by the State of Washington, be and they are 
hereby entitled to receive a deed, subject to all the 
provisions of this article, to such tract or tracts not 
exceeding in area forty acres to any one person, as 



76 Fish, Oyster and Game Laws of Washington. 

they so in good faith improved as such artificial 
oyster beds prior to March 26, 1890. (Laws 1895, p. 
39, § 1; 1 Bal. C, § 2242; P. C, § 6834.) 

126. Conditional Reversion to the State. 

It shall be expressly provided in the deed of con- 
veyance of any such oyster bed, and the tide land 
covered thereby, that said land, at the time of con- 
veyance, is not in front of any incorporated city or 
town, nor within two miles thereof on either side 
and that the said land is not now used for purposes 
of trade or commerce; that if at any time after the 
granting of said deed the land described therein shall 
cease to be used for the purpose of an artificial 
oyster bed, it shall thereupon revert to, and become 
the property of, the State of Washington, and that 
the same is conveyed to the grantee only for the pur- 
poses of cultivating oysters thereon, and the State 
of Washington hereby reserves the right to enter 
upon and take possession of said tract or tracts if 
at any time the same is used for any other purpose 
than the cultivation of oysters; and the State of 
Washington reserves the further right to enter upon 
and take possession of any tide lands sold under the 
provisions of this and the last section, at any time 
when it desires, upon paying to the then owner or 
occupant the original purchase price of the lands, to- 
gether with the value of the improvements erected 
thereon, the then value of his artificial oyster beds 
and improvements erected thereon, in connection 
with the carrying on of the raising and propagation 



Fish, Oyster and Game Laws of Washington. 77 

of oysters by artificial cultivation. (Laws 1895, p. 
40, § 2 ; 1 Bal. C, § 2243 ; P. C, § 6835.) 



OYSTER BEDS— PROPAGATION AND GATH- 
ERING OF OYSTERS. 



127. Acquisition by Discovery o£ Oyster Beds. 

Any person or persons, being a citizen or citizens 
of the United States, who shall discover any bed or 
beds of oysters in any bay or arm of the sea border- 
ing upon this state, that has not been before discov- 
ered, shall, by right of said discovery, be entitled to 
the exclusive right or privilege of gathering or 
dredging oysters on said bed or beds for the term of 
five years. The person or persons making such dis- 
covery, who desires to avail himself of the rights 
and privileges hereby granted, shall be required to 
designate the place and area of the bed or beds so 
discovered, with stakes or other artificial marks, 
and shall make affidavit before the county auditor of 
the county in which such discovery has been made 
that he located the premises so discovered, accom- 
panied by a description and diagram of the same, 
which shall be filed in the office of said county audi- 
tor: Provided, That the restriction and protection 
of the discoveries shall be ten acres. (1 Bal. C, 
§3362; P. C, 8 1830.) 



78 Fish , Oyster and Game Laws of Washington, 

128. Penalty for Gathering Oysters From Bed 
Located by Another. 

It shall not be lawful for any person to gather 
oysters by any means on any beds located in accord- 
ance with the preceding section, except at the option 
and by the permission of the party or parties holding 
the same, under a penalty of five hundred dollars 
fine for so offending, or imprisonment, to be recov- 
ered in a civil action, to be brought in the name of 
the state. (1 Bal. C, § 3363; P. C, § 1831.) 

i2g* Time Allowed in Which to Remove Oyster 
Beds. 

Any person who has prior to the twenty-sixth day 
of March, Anno Domini eighteen hundred and nine- 
ty, planted oyster beds upon any of the tide or shore 
lands of this state, shall be granted a period of not 
less than six months and not more than three years 
after said land has been sold by the state, to remove 
the same ; the time to be determined by the Commis- 
sioner of Public Lands. And any person shall have 
the exclusive possession of said tide or shore lands 
during the time that he has to> remove the said 
oysters under the provisions of this act: Provided, 
That in case any planter of oysters shall fail within 
the time allotted to remove the said oysters, he shall 
be deemed to forfeit the same to the purchaser or 
owner of said lands : Provided, That this shall not 



Fish j Oyster and Game Laws of Washington. 79 

apply to tide lands within two miles of an incorpor- 
ated city. (Laws 1891 ; 1 Bal. C, § 3364; P. C, § 
6849.) 

130. Word "Person" Construed. 

Whenever the word "person" is used in this act, 
it shall be deemed to mean person, persons, firm or 
corporation. Laws 1891 ; 1 Bal. C, § 3365 ; P. G, 
§ 6850.) 

131. Planter's Rights. 

When any person has, acting in good faith 
planted oysters on any tide or shore lands not con- 
taining any bed of natural oysters belonging to the 
State of Washington, and not otherwise occupied 
for purposes of trade or commerce, such oysters 
shall, pending the sale, lease or reservation of such 
lands by the state, be considered as personal prop- 
erty, and the unauthorized taking of the same shall 
subject the offender to civil and criminal prosecu- 
tion as in any similar case of violation of property 
rights : Provided, That the grounds holding the 
oysters have been kept suitably marked by stakes or 
other landmarks; but such stakes or other land- 
marks having been removed by accident or design 
shall not excuse any person from wrongfully taking 
the oysters thereby marked if he knew the grounds 
to have been planted with oysters. (Laws 1895, p. 
46, § 1 ; 1 Bal. C, § 3366; P. G, § 6851.) 



80 Fish, Oyster and Game Laws of Washington. 

132. Deep Water Planting. 

When any person has, acting in good faith, 
planted oysters on any grounds lying deeper than 
the level of the water, said grounds being under the 
jurisdiction of the State of Washington, and not 
otherwise occupied for the purpose of trade or com- 
merce, such oysters shall, pending the sale, lease or 
reservation of such lands by the State of Washing- 
ton, be considered as personal property, and the 
unauthorized taking of the same shall subject the 
offender to civil and criminal prosecution as in any 
similar case of violation of property rights : Pro- 
vided, That the grounds holding the oysters have 
been kept suitably marked by stakes or other land- 
marks, but such stakes or other landmarks having 
been removed by accident or design shall not excuse 
any person for wrongfully taking the oysters there- 
by marked if he knew the grounds to have been 
planted with the oysters. (Laws 1895, p. 46, § 3; 1 
Bal. C, §3367; P- C, §6852.) 

133. This Article Confers No Right to Purchase. 

Nothing in this article shall be construed as giving 
any prior or exclusive right of purchase or lease 
from the State of Washington of any shore and tide 
land or deeper lands when the same may or shall be* 
disposed of by the state or offered by the state for 
sale or lease, nor shall it be construed as in any way 
removing, diminishing or affecting any such rights 



Fish, Oyster and Game Laws of Washington. 81 

heretofore provided for by an act, or hereafter to be 
provided for by an act, neither shall this article be in 
any way amendatory to an act entitled "An act to 
protect persons who have planted oysters upon tide 
and shore lands prior to March twenty-sixth, eigh- 
teen hundred and ninety." (Laws 1895, P- 47 > 
§ 3 ; 1 Bal. C, § 3368 ; P. C, § 6853.) 

134. Penalty, for Removing Oysters. 

Any person who shall, without due authority, re- 
move oysters belonging to any other person, either 
from plant beds or cull beds, or from any boat or 
water craft, or from any float or crate, shall be sub- 
ject on conviction to a fine of not less than one hun- 
dred dollars nor more than one thousand dollars, 
one-half of the fine to be paid to the informer, and, 
at the discretion of the court, to imprisonment for 
not less than six months nor more than three years; 
but if the offense be committed later than one hour 
after sunset or earlier than one hour before sunrise, 
the minimum penalty shall be a fine of two hundred 
and fifty dollars and imprisonment. The penalties 
provided in this section shall not prevent the recov- 
ery by the injured party in civil action of damages 
for any unlawful removing of oysters. (Laws 1895, 
p. 47, § 4; 1 Bal. C, § 3369; P. C, § 6854.) 

135. .Evidence, How Secured. 

In any trial for violation of the provisions of this 
article, if the accused be found having in his pos- 



82 Fish, Oyster and Game Laws of Washington. 

session oysters for which he cannot account, or for 
which he gives an account which is shown by evi- 
dence to be false, that fact shall be sufficient evi- 
dence to secure conviction, but the court trying the 
case may not convict on such evidence when in its 
judgment it would lead to a verdict doing injustice 
to the accused. (Laws 1895, p. 48, § 5 ; 1 Bal. C, 
§ 3370; P. C, § 6855.) 

136.. Providing for the Return of Small Oysters to 

Beds. 

It shall not be lawful for any person to destroy 
oysters taken from the natural beds, by assorting or 
culling them on land or shore, and leaving the small 
oysters there to die; but in all cases the small oys- 
ters shall be returned to their natural beds or to 
private beds for cultivation ; and if any person shall 
offend against the provisions of this section, or in 
any way wantonly destroy the small oysters, he 
shall, on conviction thereof, be liable to a fine for 
each offense, or imprisonment [as prescribed] in the 
next succeeding, section. (1 Bal. C, § 3371; P. C, 
§ 1829.) 

137. Dredging Is Unlawful. 

It shall not be lawful to dredge for the purpose of 
taking oysters from the natural oyster beds in the 
waters of and within the State of Washington, ex- 
cept under the supervision of the state or United 
States government for experimental or scientific 



Fish, Oyster and Game Laws of Washington. 8S 

purposes. (Laws 1895, p. 24, § 1 ; 1 Bal. C, § 3373; 
P. C, § 6872.) 

138. Penalty. 

Any person violating any of the provisions of the 
last preceding section shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined 
in any sum not less than fifty dollars nor more than 
one hundred dollars, or be confined to the county jail 
for a period not less than ten nor more than sixty 
days, or both fined and imprisoned, at the dis- 
cretion of the court. (Laws 1895, p. 24, §2; 1 Bal. 
C, §3374; P. C, §6873.) 

139. Legal Period for Gathering Oysters. 

It shall be unlawful to gather oysters or to remove 
them from any natural oyster bed or natural oyster 
bed reserve in any of the rivers, bays or waters of 
the State of Washington at any time from the fif- 
teenth day of June to the fifteenth day of March 
following and inclusive, of each year, except under 
the supervision of the Fish Commissioner of the 
State of Washington, or of the United States, for the 
purpose of propagation, experimental or other sci- 
entific purposes : Provided, That nothing in this 
section shall be construed to interfere with the pro- 
visions of section 3362 of Ballinger's Annotated 
Codes and Statutes of Washington, being section 
1 198 of the Code of 1881. (Laws 1899, p. 270, § 1; 
P. C, §6870.) 



84 Fish, Oyster and Game Laws of Washington. 



140. Penalty. 

Any person violating any of the provisions of 
paragraph 139 shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, be fined in 
any sum not less than twenty-five dollars nor more 
than one hundred dollars, or be imprisoned in the 
county jail for a period of not less than ten days nor 
more than sixty days, or to be both fined and im- 
prisoned, at the discretion of the court. (Laws 1895, 
p. 50, § 2; 1 Bal. C, § 3376; P. C, § 6871.) 

141. Unlawful to Dredge for Eastern Oysters — 
Penalty. 

It shall be unlawful to dredge for or take any oys- 
ters of the species known as eastern oysters from 
the waters of this state for a period of five years 
from the passage of this act except, such oysters as 
may be outside any reservation legally established. 
Any person violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor 
and upon conviction thereof be fined in a snm not 
less than twenty dollars nor more than one hundred 
dollars : Provided, That this section shall not apply 
to the State Fish Commissioner or any deputy sent 
by the United States Fish Commissioner for the pur- 
pose of examination. (Laws 1895, P- 33> § i> 
2 Bal. C, §7396; P. C, §6869.) 

142. Lands May Be Leased for Oyster Beds. 

All lands in the waters of the State of Washington 



Fishj Oyster and Game Laius of Washington. 85 

lying below extreme low tide, not covered by natural 
oyster beds, and not in front of any incorporated city 
or town, nor within two miles on either side thereof, 
shall be subject to lease, for the purpose of planting 
and cultivating thereon artificial oyster beds, under 
the provisions of this act. (Laws 1899, p. 272, § 1 ; 
P. C, § 6856.) 

143. Prior Right to Lease. 

All persons who, prior to the passage of this act, 
in good faith entered upon lands not in front of any 
incorporated city or town, nor within two miles 
thereof on either side, and planted and cultivated 
thereon artificial oyster beds, and who continue to 
occupy and work the same, and who are now in pos- 
session of and working said oyster beds in good 
faith, shall have the prior right to lease for a period 
of six months from and after the passage of this act. 
(Laws 1899, p. 273, § 2; P. C, § 6857.) 

144. Applications for Lease, How Made. 

Applications for the lease of land for the cultiva- 
tion of deep sea oysters under the provisions of this 
act shall be made to the Commissioner of Public 
Lands and shall be accompanied by a map or plat of 
the lands so to be leased. The Commissioner of 
Public Lands shall, upon receipt of such application, 
direct the Fish Commissioner to immediately inspect 
the lands applied for and report to the Commissioner 
of Public Lands his findings as to the following 
facts : 



86 Fish, Oyster and Game Laws of Washington. 

First. Whether the land or any portion thereof is 
a natural oyster bed. 

Second. Whether it be necessary in order to se- 
cure adequate protection to any natural oyster bed 
to retain to the public domain the land the applica- 
tion for the lease of which has been made or any part 
thereof. 

Third. Whether the land or any portion thereof 
having been a natural oyster bed within ten years 
past, may reasonably be expected to again become 
such within ten years in the future. (Laws 1899, P- 
m, §3; P. C, §6858.) 

145. Term of Leasee — Rental — New Application, 
Etc. 

In case all of the above three questions be an- 
swered negatively, the Commissioner of Public 
Lands shall immediately issue to the applicant there- 
for a lease for the term of twenty (20) years of the 
lands so applied for at an annual rental of twenty- 
five cents per acre. Should the Fish Commissioner 
answer one or more of the above three questions af- 
firmatively, the Commissioner of Public Lands shall 
investigate the matter at a public hearing in the 
county where the lands in question are situated. 
Due notice of such hearing shall be given by said 
Land Commissioner by publishing a notice to that 
effect in some paper of general circulation in the 
county, at the expense of the applicant, not less than 
one week and not more than four weeks before the 
date of hearing. Unless at such hearing it be con- 



Fish, Oyster and Game Laws of Washington. 87 

clusively shown to the Commissioner of Public 
Lands that in the matters at issue the Fish Commis- 
sioner was in error, he shall refuse to lease such 
lands or such portion thereof as may be determined 
by the foregoing restrictions." Application for the 
lease of lands thus withheld may not be made again 
within six years, except that the person last making 
application may repeat the application during the 
three months next preceding the expiration of the 
six years. (Laws 1899, p. 273, § 4; P. C, § 6859.) 

146. — Application Must Describe Location. 

All applications for the lease of oyster lands un- 
der this act shall, in addition to the surveyor's de- 
scription by metes and bounds, make description in 
such local geography as shall suffice to convey a 
knowledge of its location with reasonable accuracy 
to persons acquainted with the' vicinity. (Laws 
1899, p. 274, § 5 ; P. C, § 6860.) 

147. Lease Not to Exceed Forty Acres — Affidavit. 

All applications for lease of oyster lands under the 
provisions of this act shall be for an area not to ex- 
ceed forty acres to any one person, and such applica- 
tion shall be accompanied by an affidavit under oath 
that the party making such application leases said 
lands for the purpose of oyster culture only. (Laws 
1899, p. 274, § 6; P. C, § 6861.) 



88 Fish, Oyster and Game Laws of Washington. 

148. Conditions of Lease — Forfeiture. 

It shall be expressly provided in the lease of any 
such oyster land that if at any time after the grant- 
ing of said lease the lands described therein shall 
cease to be used for the purpose of an artificial oys- 
ter bed, it shall thereupon revert to and become the 
property of the State of Washington, and that the 
same is leased to the lessee only for the purposes of 
cultivating oysters thereon, and the State of Wash- 
ington hereby reserves the right to enter upon and 
take possession of said tract or tracts, if at any time 
the same is issued for any other purpose than the 
cultivation of oysters. (Laws 1899, p. 274, § 7; P. 
C, § 6862.) 

149. Not to Affect Existing Laws. 

This act shall in no manner apply to the provis- 
ions of any act heretofore enacted by the legislature 
of the State of Washington providing for the sale of 
tide and shore lands for the purpose of oyster plant- 
ing and the manner of taking oysters from said tide 
land beds. (Laws 1899, p. 275, § 8; P. C, § 6863.) 

150. Survey and Description to Be Recorded, Etc. 

Survey and description of all tracts applied for 
shall be in duplicate, one of which shall be filed with 
and be recorded by the county auditor of the coun- 
ty in which said lands are situated in a book kept 
by him for such special purpose, and a duplicate de- 



Fish, Oyster and Game Laws of Washington. 89 

scription in the office of the Commissioner of Public 
Lands. (Laws 1899, p. 275, § 9; P. C, § 6864.) 

151. Abandonment of Lease— Entitled to Lease 
Other Land, When. 

If from any cause any tract or tracts, parcel or 
parcels of land leased under -the provisions of this 
act shall become unfit and valueless for the purpose 
of oyster culture, the party having so leased or being 
in possession of the same may, upon certifying such 
fact under oath to the Commissioner of Public 
Lands and to the auditor of the county wherein such 
lands are situated, also upon filing under oath a cer- 
tificate of abandonment of such tract or tracts, par- 
cel or parcels of land in the office of each of said offi- 
cials, such party shall then be entitled to lease other 
lands as hereinbefore provided. (Laws 1899, P- 2 75> 
§ 10; P. C, § 6865.) 

152. Fish Commissioner May Dredge for Purpose 
of Discovery — May Permit Others. 

The Fish Commissioner of the State of Washing- 
ton may and he is hereby authorized to dredge or 
permit others to dredge in all the waters of the State 
of Washington for the purpose of discovering 
whether any particular waters, not already reserved, 
leased or appropriated under existing laws or the 
provisions of this act, contain oysters in a natural 
state, and regulate the taking thereof, under such 



90 Fish , Oyster and Game Laws of Washington. 

rules as the Fish Commissioner may prescribe. 
(Laws 1899, P- 2 7S, § 11 ; P. C, § 6866.) 

153. Eastern Oyster Experiments. 

The Fish Commissioner shall establish experiment 
stations in the waters of Willapa Harbor and Puget 
Sound, and procure eastern oyster plants for the 
purpose of testing the feasibility of propagating 
eastern oysters in the waters of this state. (P. C, 
§ 6867.) 

154. Help for Fish Commissioner. 

The Fish Commissioner is hereby authorized to 
employ suitable help for the prosecution of this 
work. (P. C, § 6868.) 

154%. Natural Oysters, How Lawfully Gathered. 

It shall at all times be unlawful to gather with 
any tool or implement, or in any way whatever, any 
oyster from any natural oyster bed, except the per- 
son so gathering shall be on and working from a 
boat or water craft of some kind, said water craft 
being afloat during the time he is gathering. Any 
person violating any provision of this section shall, 
on conviction thereof, be fined in any sum not less 
than $100 nor more than $400, and, at the discretion 
of the court, be imprisoned in the county jail not 
less than two months nor more than six months; 
one-half the aforesaid fine to be paid by the state 
to the informer. (Laws 1897, p. 304, §22; 1 Bal. 
C, § 337 2;P. C, §6833.) 



Fish, Oyster and Game Laws of Washington. 91 

154 1-3. Unlawful to Use Garden Rake, Etc. 

It shall at all times and places be unlawful, in 
gathering oysters from any natural bed of oysters, 
to use a common garden rake or any instrument of 
similar construction and operation. (Laws 1895, 
p. 48, §2; P. C, §6874.) 

154^2. Gathering by Hand. 

Nothing in this act shall apply to gathering oys- 
ters by the hand, using no implement or tool for 
gathering purposes. (Laws 1895, p. 49, § 3; P. C, 
§ 6875.) 

15434. Penalty. 

Any . person violating any provision of the two 
preceding sections shall, on conviction thereof, be 
fined in any sum not less than one hundred dollars 
($100) nor more than four hundred dollars ($400), 
and, at the discretion of the court, shall also be 
imprisoned in the county jail not less than two 
months (2), nor more than six months (6) ; one- 
half of the aforesaid fine to be paid by the state 
to the informer. (Laws 1895, p. 49, § 4; P. C, 
§ 6876.) 

Rules Governing the Dredging of Oysters. 

Pursuant to section 152, the following rules and 
regulations have been adopted by the Fish Commis- 
sioner governing the dredging for oysters as above 
stated : 



92 Fish, Oyster and Game Laivs of Washington. 

Rule i. No dredging for oysters shall be done in 
any of the waters of the State of Washington of a 
depth less than 18 feet at mean low tide. 

Rule 2. All dredging for " oysters within the 
waters above stated shall be done between the hours 
of 6 o'clock in the forenoon and 6 o'clock in the 
afternoon of each day. 

Rule 3. No person shall use steam, electricity or 
any other mechanical or artificial force or power to 
operate any dredging appliances unless specifically 
so stated in any permit issued under above law and 
these rules and regulations. 

Rule 4. Any person desiring to operate a dredge 
under the provisions of this law and these regula- 
tions shall apply to the Fish Commissioner for a 
permit so to do, on blanks to be furnished by the 
Fish Commissioner, and shall state with reasonable 
certainty the locality in which said dredge or 
dredges are to be operated. 

Upon application, as above stated, by any person, 
a permit will be issued by the Fish Commissioner for 
said dredges for the purpose of taking oysters as 
provided by law, which shall entitle the holder to 
operate said dredge for the period of one year in the 
waters of this state wherein such appliance is not 
prohibited by law. 

A fee of S2.50 will be charged for the issuing of 
above permit for each and every dredge operated. 
All permits under foregoing law and regulations 
shall be subject to any future regulations that may 
be adopted by the Fish Commissioner to govern the 
operation of said dredges. 



Fish, Oyster and Game Laws of Washington. 93 



CLAMS. 



155. Taking or Digging Clams for Canning or Sale. 

It shall not be lawful for any person or persons, 
firm or corporation, or any person whatsoever, to 
take, or dig from the sands on the ocean 
beach of the Pacific ocean in the State 
of Washington, or to have in their pos- 
session after the same have been taken, for the 
purpose of canning or for the purpose of sale, be- 
tween the first day of May and the thirty-first day 
of August of each year. (Laws 1905. Approved 
March n. Emergency Clause.) 

156. Penalty. 

Any person violating the provisions of this act 
shall be guilty of a misdemeanor and subject to a 
fine of not less than ten ($10) dollars nor more than 
five hundred ($500) 'dollars, for the first offense, 
and double said amount for each conviction there- 
after; Provided, It is not the intent of this act to 
prohibit the digging of said clams for one's own use, 
but to prohibit the digging for sale and canning pur- 
poses during the months hereinbefore set out. (Laws 
1905. Approved March 11. Emergency Clause.) 



94 Fish, Oyster and Game Laws of Washington. 



CRABS. 



157. Taking or Fishing for Crabs for Sale or Can- 
ning. 

That it shall not be lawful for any person or 
persons, firm or corporation, or any person whatso- 
ever, to take or fish from any of the waters of the 
State of Washington, or have in their possession 
after the same has been taken, for the purpose of 
sale or canning, any crab during the months of 
July, August and September, of each year. (Laws 
1905.) 

158. Crab Less Than Six Inches Across Back. 

It shall not be lawful for any person or persons, 
firm or corporation, to take or have in their pos- 
session, for the purpose of sale or canning, where it 
is lawful to sell and can same, any female or any 
male crab measuring less than six inches across its 
back. (Laws 1905.) 

159. Penalty. 

Any person violating sections 157 or 158 of this 
code shall be deemed guilty of a misdemeanor and 
upon conviction, shall be fined in any sum not less 
than ten nor more than one hundred dollars. (Laws 
1905.) 



GAME LAW'S 



1 60. Unlawful to Hunt Without License. 

It shall be unlawful for any person to hunt for, 
pursue, catch or kill any of the game animals or 
birds protected by the laws of this State during the 
open season when it is lawful to kill the same, 
without such person having in his possession at the 
time of such taking, catching or killing a license 
therefor, duly issued to him by the auditor of one of 
the counties of this state or by the State Auditor. 
The county auditor of each county in the State of 
Washington, upon the payment of one dollar by 
any resident of this state, five dollars by any non- 
resident of this state, or fifty dollars by any non- 
resident alien, shall issue to such person a license, 
which said license shall entitle the holder to hunt for, 
take, catch or kill any of the game animals or birds 
protected by the laws of the State of Washington 
within the county where such license is issued, 
during the open season, when it is lawful to kill 
the same, for the term of one year, in any lawful 
manner; and the State Auditor, upon the payment 
of five dollars by any resident of this state, ten 
dollars by any non-resident of this state, or fifty 
dollars by any non-resident alien, shall issue to such 
person a license, which said license shall entitle the 
holder to hunt for, take, catch or kill any of the 



96 Fish j Oyster and Game Laws of Washington. 

game animals or birds protected by the laws of the 
State of Washington, within the state, during the 
open season, when it is lawful to kill the same, for 
the term of one year, in any lawful manner. The 
county auditor shall pay to the county treasurer all 
such fees collected by him, to be placed in the game 
protection fund, to be used by the county commis- 
sioners for the propagation and protection of game 
in said county, and the State Auditor shall pay to 
the State Treasurer all such fees collected by him to 
be placed in the game protection and propagation 
fund. All fines collected under the provisions of 
this act shall be paid to the county treasurer of 
the county in which said fines are collected, and 
placed by him in the game protection fund. (Laws 
I9O50 

161. State Fund. 

There is hereby created a State Fund, which shall 
be used only for the protection and propagation of 
game animals, game birds, and game fish in this 
state. (Laws 1905.) 

162. Penalty. 

Any person violating any of the provisions of this 
act shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, for each and every offense 
shall be subject to a fine of not less than ten dollars 
nor more than -one hundred dollars, together with 
the costs of prosecution, or imprisonment in *the 



Fish, Oyster and Game Laws of Washington, 97 

county jail, where the offense is committed, not less 
than five days nor more than thirty days, or by both 
such fine and imprisonment, in the discretion of 
the court. (Laws 1905.) 

163. Taking Game From State. 

Every non-resident or non-resident alien who shall 
have procured a license to hunt in this state, shall 
be entitled to take from the state all game animals 
killed by him, not to exceed the number of each of 
said game animals as is allowed by law to be killed 
in any one year, and game birds killed by him not 
to exceed the number allowed by law to be killed 
by any person in any one day ; but before any person 
shall be entitled to take any such game out of this 
state he shall make an affidavit before a notary 
public or other officer having a seal, stating that 
the game to be so removed from the state was 
killed by him in a lawful manner, and that the said 
game is not being exported for the purpose of sale. 
Such affidavit shall describe said animals or birds 
and shall be attached to said animals or birds while 
in transit from the state. (Laws 1905.) See § 196.) 

164. Deer or Caribou. 

Every person who shall within the State of Wash- 
ington, at any time between the fifteenth day of 
December and the fifteenth day of September of the 
following year, hunt, pursue, take, kill, injure, de- 
stroy or possess any deer or caribou shall be guilty 



98 Fish, Oyster and Game Laws nf Washington. 

of a misdemeanor and upon conviction thereof shall 
be punished as hereinafter provided. And every per- 
son who shall within the State of Washington dur- 
ing the season when it is lawful to kill the same, take 
or kill more than four deer, or who shall kill any 
spotted fawn, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished as herein- 
after provided. (Laws 1903, p. 94, § 1.) 

165. Elk, Moose, Antelope, Etc. 

Every person who shall at any time within the 
State of Washington, hunt, pursue, take, injure or 
kill any female of the elk, moose, antelope, moun- 
tain sheep or mountain goat species, or any person 
who shall between the first day of November of any 
year and the fifteenth day of September of the fol- 
lowing year hunt, pursue, take, injure or kill any 
male of the moose, elk, caribou, antelope, mountain 
sheep or mountain goat species shall be guilty of 
a misdemeanor, and upon conviction thereof shall 
be punished as hereinafter provided. Every person 
who shall within the State of Washington during the 
season when it is lawful to kill the same, kill more 
than one male of the elk, moose, antelope or caribou 
species, or more than two males of the mountain 
sheep or mountain goat species shall be guilty of a 
misdemeanor and upon conviction thereof shall be 
punished as hereinafter provided. (Laws 1903, p. 
95> § 2 (See following section.) 



Fish j Oyster and Game Laws of Washington. 99 

1 66. Elk. 

That after the passage of this act and until Oc- 
tober i, 1915, it shall be unlawful to hunt, pursue, 
capture or kill any of the elk (cervus alces, 
or cervus conadensis) within the State of Washing- 
ton. After 191 5 it shall be unlawful to hunt, pur- 
sue, capture or kill any of the elk (cervus alces or 
cervus conadensis) within the State of Washington 
between the first day of November of any year and 
the fifteenth day of September of the following year. 
No person shall within the State of Washington 
durjng the season when it is lawful to kill the same, 
kill more than one of the male elk (cervus alces or 
cervus conadensis). Any person violating any of 
the provisions of this section shall be deemed guilty 
of a misdemeanor and upon conviction thereof shall 
be fined not less than one' hundred dollars ($100) 
nor more than five hundred dollars ($500), or be 
imprisoned in the county jail not less than thirty 
days nor more than ninety days, or by both such 
fine and imprisonment in the discretion of the court. 
(Laws 1905.) (See preceding section.) 

167. Deer on Islands. 

That every person who shall at any time pursue, 
take, kill or injure any deer, or shall knowingly per- 
mit any dog or dogs owned by him or under his con- 
trol to chase, injure or destroy any of said animals, 
on any of the islands, in the State of Washington, 
shall be guilty of a misdemeanor and on conviction 
thereof shall be punished by a fine of not less than 



100 Fiahj Oyster and Game Laws of Washington. 



twenty-five dollars ($25) or more than one hundred 
dollars ($100). (Laws 1905.) See § 203.) 

168. Game Birds — Close Season. 

Every person who shall, within the State of Wash- 
ington, hunt, pursue, take, kill, injure, destroy or 
possess any grouse, partridge, prairie chicken, sage 
hen, native pheasant or ptarmigan between the first 
day of January any [and] the first day of Septem- 
ber of any year shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished as herein- 
after provided : Provided, That in the county of 
Kittitas it shall be unlawful to hunt, pursue, take, 
kill, injure, destroy or possess any prairie chicken 
between the first day of October of any year and the 
tenth day of September of the following year : Also 
provided, That in all the counties of the State of 
Washington lying east of the western boundary of 
the counties of Okanogan, Chelan, Kittitas, Yakima 
and Klickitat, it shall be unlawful to hunt, pursue, 
take, kill, injure, destroy or possess any of the game 
birds mentioned in this section between the fifteenth 
day of November and fifteenth day of August of the 
following year. (Laws 1903, p. 95, § 3.) 

169. Limiting Number to Be Killed. 

Every person who shall, during the season when 
it is lawful to hunt the same, kill more than ten 
prairie chickens-, or ten grouse, partridge, sage hen, 
native pheasant or ptarmigan, Chinese or Mongo- 



Fish, Oyster and Game Laws of Washington. 101 

lian pheasant, or more than fifteen quail of any kind 
in one day, shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished as here- 
inafter provided : Provided, That in the county of 
Kittitas, during the season when it is lawful to hunt 
the same, no person shall in one day kill more than 
fi ye (5) prairie chickens. (Laws 1903, p. 96, § 4.) 

170. Ducks, Geese, Etc. — Close Season For. 

Every person who shall hunt, pursue, take, kill, 
injure, destroy or possess any swan, goose, brant, 
sand-hill, crane, snipe, mallard duck, canvasback 
back [duck], widgeon, teel [teal], wood-duck, 
spoon-bill, gray or black duck, sprig-tail, or other 
game duck, whether named or mentioned herein or 
not, between the first day of March and the first day 
of September of any year shall be guilty of a mis- 
demeanor and upon conviction thereof shall be pun- 
ished as hereinafter provided. (Laws 1903, p. 96, 
§ 5.) (See § iff.) 

171. Geese and Brant — Close Season for. 

It shall be unlawful to hunt, take or kill in this 
state any wild goose or brant between the first day 
of May and the first day of September in any year. 
(Law's 1905.) (See § 170.) 



172. Sneak Boats for Geese, Ducks or Brant. 

It shall be lawful within the time herein when any 
goose, duck or brant may be killed, to hunt or pur- 



102 Fish, Oyster and Game Laws of Washington. 

sue them from any blind or obstruction; Provided, 
That this shall not be construed to include sneak 
boats. (Laws 1905.) (See § 194.) 

173. Unlawful to Hunt Geese, Brant or Other 
Water Fowl on Columbia or Snake Rivers. 

It shall be unlawful to hunt, pursue, catch or kill 
any of the geese, brant or other water fowl upon the 
Columbia or Snake rivers within this state, or within 
one-half mile of its shore throughout the following 
named counties : Klickitat, Walla Walla, Franklin, 
Yakima, Kittitas, Douglas, Columbia, Garfield and 
Whitman counties. (Laws 1905.) 

174. Number to Be Killed Limited. 

Every person who shall, within the State of Wash- 
ington, during the season when it is lawful to hunt 
the same, kill more than twenty-five snipe, ducks, 
geese or brant in one d&y shall be guilty of a misde- 
meanor and upon conviction thereof shall be pun- 
ished as hereinafter provided: Provided, That the 
above mentioned birds shall not be fired at from any 
gasoline or naptha [naphtha] launch, steam launch, 
or other boat propelled otherwise than by hand 
(Laws 1903, p. 96, § 6.) 

175. Quail — Close Season For. 

Every person who shall hunt, pursue, take, kill, 
injure, destroy or possess any California, valley, or 



Fish, Oyster and Game Laws of Washington. 108 

mountain quail, bob-white quail or other kind of 
quail, between the first day of January and the first 
day of October of any year shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be pun- 
ished as hereinafter provided : Provided, That it 
shall be unlawful to hunt, pursue, take, kill, injure, 
destroy or possess any of the birds named in this 
section in any of the counties lying east of the west- 
ern boundary of the counties of Okanogan, Chelan, 
Kittitas, Yakima and Klickitat from and after the 
passage of this act and before the fifteenth day of 
September, 1908. (Laws 1903, p. 96, § 7.) 

176. Imported Pheasants Protected Until 1906. 

Every person who shall hunt, pursue, take, kill, 
injure, destroy or possess any imported or Oriental 
pheasant, golden, silver, ring-necked, copper bronze, 
Chinese or Mongolian pheasant, or Chinese or Mon- 
golian quail, from and after the passage of this act 
and before the fifteenth day of October, 1906, shall 
be guilty of a misdemeanor and upon conviction 
thereof shall be punished as hereinafter provided: 
Provided, That it shall [be] unlawful to hunt, pur- 
sue, take, kill, injure, destroy or possess any of the 
birds named in this section in any of the counties 
lying east of the western boundary of the counties 
of Okanogan, Chelan, Kittitas, Yakima and Klicki- 
tat, from and after the passage of this act and before 
the fifteenth day of September, 1908. (Laws 1903, 
p. 96, § 8.) (See § 177.) 



104 Fish, Oyster and Game Laws of Washington.. 

177. When Lawful to Kill Oriental Pheasants. 

It shall be lawful to hunt and kill any of the male 
birds of the Oriental, golden, silver, ring-necked, 
copper, bronze, Chinese or Mongolian pheasants be- 
tween the fifteenth day of October and the first day 
of January in any year ; Provided, That this section 
shall not apply to counties lying east of the summit 
of the Cascade range. (Laws 1905.) (See § 176.) 

178. Penalty for Sale of Game. 

Any person who shall, within the State of Wash- 
ington, at any time offer for sale or for market, or 
sell or barter for, or exchange, any deer, moose, elk, 
caribou, mountain sheep or mountain goat species, 
or any of the various kinds of quail, Chinese or Mon- 
golian pheasants, grouse, native pheasant, ptarmi- 
gan, prairie chicken, partridge, sage hen, or any wild 
duck, goose, swan, brant, sand-hill crane, rail or 
plover, or any other, game bird, shall.be guilty of a 
misdemeanor and upon conviction thereof shall be 
punished as hereinafter provided ; Provided, That 
during the month of November, in any year, wild 
ducks, geese and brant may be sold to the number 
permitted by law to be killed in any one day"! Pro- 
vided further, That nothing in this act or section 
shall be construed to prevent the sale of the hides 
of deer, moose, elk, caribou, mountain sheep ■ or 
mountain goat species killed at or within the times 
when it is lawful to kill the same, and which have 
been killed in a lawful manner. (Laws 1905.) 



Fish, Oyster and Game Laws' of Washington. 105 
179. Possession Prohibited. 

Every person, company, partnership, firm or cor- 
poration, boarding house keeper, hotel keeper, res- 
taurant keeper, market keeper or cold storage plant, 
their owners, proprietors, officers, managers, agents 
or servants, who shall offer for sale or keep, or have 
in their possession at any time of the year any 
deer, moose, caribou, antelope, mountain sheep or 
mountain goat species, or any kind of the var- 
ious kinds of quail, Chinese or Mongolian pheasant, 
grouse, native pheasant, ptarmigan, partridge, 
prairie chicken, sage hen or any kind of wild duck, 
goose, swan, brant, sand-hill crane, snipe, rail or 
plover or any portion of the meat of said animals or 
birds except ducks, geese, brant or snipe during 
the month of November of each year shall be 
guilty of a misdemeanor. Possession of any of 
the- animals or * game birds mentioned or named 
herein, or any of the meat of the same, except the 
number of ducks, geese, brant or snipe permitted to 
be taken during the month of November of any 
year, shall- be presumptive evidence that- said .ani- 
mals, birds, or -the- meat of 'the same was unlaw* 
fully taken by- the person- having: possession of 
the same, and upon conviction ' thereof shall be 
punished as hereinafter provided : Provided, how- 
ever, That any person may have in his posses- 
sion the number and kinds of animals and birds 
permitted to be take-n.'by.f h'ls'-a'ct 'during •the'-trme the 
same may be taken, provided the same were taken 
by the person so having them in his possession, or 



106 Fish, Oyster and Game Laws of Washington. 

otherwise taken, as provided for in section nine 
of this act. (Laws 1903, p. 97, § 10.) 

180. Penalty. 

Every person convicted of any of the misdemean- 
ors defined in the foregoing sections of this act, 
(sections 164, 165, 168, 169, 170, 174, 175, 176 and 
179 of this code) except as otherwise provided for, 
shall be punished by a fine of not less than ten 
dollars ($10) nor more than five hundred dollars 
($500), together with the costs of the prosecution of 
such action, and in default of the payment of such 
fine shall be imprisoned in the county jail one day 
for each two dollars ($2) of such fine. (Laws 1903, 
p. .98, § 11.) 

181. Game Protection Fund — How Derived. 

All moneys received and all fines collected under 
this act shall be paid to the treasurer of the county 
in which the suit, action or proceeding shall have 
been commenced and placed by him in the game 
protection fund to be used for the protection or 
propagation of game in said county, and the prose- 
cuting attorney, justice of the peace or judge of 
any county, upon the payment of any fine of judg- 
ment, may satisfy the same of record for the state. 
(Laws I0O3, p. 98, § 12.) 

182. Possession Unlawful. 

No personsgh^iJ? ; ^ithih the State of Washington, 



Fish, Oyster and Game Laws of Washington. 107 

kill or catch or have in his or her possession, living 
or dead, any wild bird other than a game bird, or 
purchase, offer or expose for sale, transport or ship 
within or without the state, any such wild bird af- 
ter it has been killed or caught, except as permitted 
by this act. No part of the skin, plumage or body 
of any wild bird protected by this section shall be 
sold or had in possession for sale. For the purposes 
of this act the following only shall be considered 
game birds : The anatridae, commonly known as 
swans, geese, brant, and river and sea ducks; the 
rallidae, commonly known as rails, coots, mud hens 
and gallinules; the limocolae, commonly known as 
shore birds; plovers, surf birds, snipe, sand-pipers, 
tatlers and curlews; the gallinae, commonly known 
as grouse, prairie chickens, pheasants, partridges 
and quail. (Laws 1903, p. 256, § 1.) 

183. Destruction of Nests and Eggs. 

No person shall, within the State of Washington, 
take or needlessly destroy the nest or the eggs of 
any wild bird other than a game bird, or have 
such nest or eggs in his or her possession, except 
as permitted by this act. (Laws 1903, p. 257, § 2.) 

184. Violations — Penalties. 

Any person who violates any of the provisions 
of this act shall be guilty of a misdemeanor, and 
shall be liable to a fine of tiot less than ten or 
more than one hundred dollars for each offense and 



108 Fish, Oyster and Game Laws of Washington. 



an additional fine of one dollar for each bird, living 
or dead, or part of bird or nest, or set of eggs, or 
part thereof, possessed in violation of this act, to- 
gether with the costs of prosecution in such action, 
or to imprisonment for thirty days in the county 
jail, or both, at the discretion of the court. All 
.fines collected under the provisions of this act shall 
be turned over to the treasurer of the county in 
which such action is brought, and by him placed 
in the game protection fund. (Laws 1903, p. 
257, §3-) 

185. Exception as to Scientific Purposes. 

Sections 1, 2 and 3 of this act shall not apply to 
any person holding a certificate giving the right tv 
take birds, their nests or eggs for scientific pur- 
poses, as provided for in, section 5 of this act. (Laws 
1903, p. 257, § 4.) 

186. Certificate — For Scientific Purposes — How 
Obtained. 

Certificate shall be granted by the State Game 
Warden, or by any incorporated society of natural 
history in the state, through such persons or officers 
as said society may designate, to any properly ac- 
credited person of the age of fifteen years or up- 
ward, permitting the holders thereof to collect birds, 
their nests or eggs, for strictly scientific purposes 
only. In order to obtain such certificate the appli- 
cant for the same must present to the person or 



Fish, Oyster and Game Laws of Washington. 109 

persons having the power to grant said certificate, 
written testimony from two well known scientific 
men, certifying to the good character and fitness of 
said applicant to be entrusted with such privilege, 
must pay to said persons or officers, one dollar, to 
defray the necessary expenses attending the grant- 
ing of such certificates, and must file with said 
person or officers a properly executed bond, in the 
sum of two hundred dollars, signed by two respon- 
sible citizens of the state as sureties. On proof that 
the holder of such a certificate has killed any bird, 
or taken the nest or eggs of any bird, for other 
than scientific purposes, this bond shall be for- 
feited to the state, and the certificate becomes void, 
and he shall be further subject for each such offense 
to the penalties provided therefor in section three 
of this act. (Laws 1903, p. 257, § 5.) . 

187. Term of Certificates. 

The certificate authorized by this act shall be in 
force one year only from the date of issue, and 
shall not be transferable. (Laws 1903, p. 258, § 6.) 

188. Exception as to: Birds Destroying Fruit or 
Grain* 

The English or European house sparrow, jays, 
magpies and chicken hawks, are not included among 
the birds protected by this act, and the provisions 
of this act shall not apply to any person who shall 



110 Fish, Oyster and Game Laws of Washington. 

kill any bird on his own enclosed premises while 
such bird is destroying fruit or grain. (Laws 1903, 
P- 258, § 70 

189. Prohibiting the Use of Dogs — Certain Coun- 
ties Excepted. 

Every person who shall at any time pursue, take, 
injure, kill or destroy any moose, elk, caribou, an- 
telope, mountain sheep or goat, or deer with dogs, 
or knowingly allow dogs to chase or destroy said 
animals, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished as hereinafter 
provided : Provided, That the provisions of this sec- 
tion shall not apply in the counties of the state 
lying westward of the eastern boundary of the coun- 
ties of Whatcom, Skagit, Snohomish, King, Pierce, 
Lewis and Skamania between the first day of Oc- 
tober and the first day of November of each year. 
(Laws 1899, p. 278, § 3; P. C, § 5362.) 

190. Shall Not Fire Hunt, Trap nor Ehsnare. 

Every person who shall, within the State of 
Washington, fire hunt for deer, moose, elk, ante- 
lope, caribou, mountain sheep or goat, or entrap, en- 
snare or set up any traps, swivel, pivot or spring 
guns, pitfalls or other device for the purpose of 
trapping, ensnaring or killing deer, elk, moose, cari- 
bou, antelope, mountain sheep or goat, shall be 
guilty of a misdemeanor and upon conviction there- 



Fish, Oyster and Game Laws of Washington. Ill 

of shall be punished as hereinafter provided. (Laws 
1897, p. 83, § 5 ; 2 Bal. C, § 7349; P. C, § 5364.) 

19 1, Killing for Hides Prohibited. 

Every person who shall, within the State of Wash- 
ington, at any time, take, kill or destroy any deer, 
moose, elk, caribou, antelope, mountain sheep or 
goat for the skin, hide or horns of such animal, 
or who shall kill any of said animals unless the 
carcass thereof is used or preserved for food, shall 
be guilty of a misdemeanor, and upon conviction 
thereof shall be punished as hereinafter provided. 
(Laws 1897, p. 83, § 6; 2 Bal. C, § 7350; P. C, 
§ 53650 

192. Shall Not Trap or Ensnare Any Protected 
Animal or Bird. 

Every person who shall, within this state, at any 
time, trap, net or ensnare, or attempt to trap, net or 
ensnare any quail or bob white, prairie chicken, 
grouse, pheasant, partridge, sage hen, ptarmigan or 
wild pigeon, geese, duck, brant or other water fowl, 
or any of the song birds, or any deer, moose, elk, 
caribou, antelope, mountain sheep or any other game 
bird or game animal or any protected game bird or 
song bird 6r game animal under the laws of the State 
of Washington or have in his possession any live 
quail, or bob-white, prairie chicken, grouse, pheas- 
ant, wild pigeon, partridge, sage hen or ptarmigan, 
geese, duck, brant or other Water fov/1, or any deer, 



112 Fish, Oyster and Game Laws of Washington. 

moose, elk, caribou, antelope, mountain sheep or any 
other game bird or game animal or any protected 
game bird or game animal under the laws of the 
State of Washington except for the purpose of 
propagation, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished as pro- 
vided by law. (Laws 1905.) 

193. Penalty. 

That any one violating any of the provisions of 
this act (sections 20, 21, 22, 163, 166, 167, 171, 172, 
173, 177, 178 and 192 of this code), for which a pen- 
alty is not hereinbefore provided, shall be deemed 
guilty of a misdemeanor and on conviction thereof 
shall be punished by a fine of not less than ten dol- 
lars ($10) nor more than fifty dollars ($50), or im- 
prisonment in the county jail not less than ten days 
nor more than thirty days, or by both such fine aiid 
imprisonment. (Laws 1905.) 

I 93K- Appropriations. 

. For. the; purpose of carrying out the provisions* 
of this act the sum of five thousand dollars ($5000) 
or so much thereof as -may be necessary, is hereby 
appropriated out of the "game protection and propa- 
gation fund" of the state. (Laws 1905.) 

194. Use of Sink Boxes, Sneak Boats, Etc., Pro- 
- "hibited. ' '•■■' •'-•'•'■" ••■'-'« : ' 

. Every person who shall use any sink box or sink 



Fish, Oyster and Game Laws of Washington. 11 h 

boat or sneak boat for the purpose of shooting wild 
ducks, geese, or other water fowl, or who shall use 
any battery, swivel or pivot gun, or any gun other 
than one to be held in the hands and fired from 
the shoulder, at any time, for the purpose of shoot- 
ing wild ducks, geese, swan, brant, or other- water 
fowl ; or who shall build any structure in any of 
the waters of this state for the purpose of shooting 
therefrom wild ducks, geese, swan or other water 
fowl ; or who shall at any time between one hour 
after sunset and one-half hour before sunrise fire 
off any gun or build any fire or flash any light, or 
burn any powder or other inflammable substance 
upon the shores of any feeding grounds frequented 
by wild ducks, geese, swan, or other water fowl, 
with intent thereby to shoot, kill, injure, destroy 
or disturb any of such water fowl, shall be guilty 
of a misdemeanor, and upon conviction thereof shall 
be.. punished as hereinafter provided. (Laws 1897, 
p;84,;§-io;.2 Bal. C, § 7354; P2 €., §5370-) (See 
section:. 172.) 

195. Nest Robbing Prohibited. ■:: : . . 

Every person who .shall, ' within .the State of 
Washington, at" any time, destroy or remove from 
the nest the eggs of any wild duck, ' geese, or 
other water fowl, : or the tgg or eggs of any Mon- 
golian or 'native pheasant, grouse, ptarmigan, prairie 
chicken; sage : :hetty 'partridge, quail .:pfr bob white,: ot. 
of any other wild fowl, or have in his possession, 
sell or offer for sale, any such egg or eggs, or 



114 Fish, Oyster and Game Laws of Washington. 

willfully destroy the nest of any such wild fowl, 
shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be punished as hereinafter 
provided. (Laws 1897, p. 84, § 11 ; 2 Bal. C, § 
7355 J- P. C, §537i.) ; 

196. Export Prohibited. 

Every steamboat company, railroad company, ex- 
press company, or other common carrier, their offi- 
cers, agents and servants and every other person 
who shall transfer, carry or take out of this state, 
or who shall receive for the purpose of transferring 
from this state any of the wild game birds or ani- 
mals enumerated in this act, shall be guilty of a 
misdemeanor and upon conviction thereof shall be 
punished as hereinafter provided : Provided, how- 
ever, That upon the granting of a similar privilege 
by the Legislature of the State of Oregon or Idaho 
to the citizens or residents of the State of Wash- 
ington, nothing in this section shall be construed 
to prevent any citizen or resident of the State of 
Oregon or Idaho from personally taking with him 
any game to the limit of one day's hunt, killed by 
himself, in the State of Washington, when it is 
lawful to take and kill the same ; but this provision 
shall be strictly construed, and the burden of the 
proof shall be upon the pers6n taking with him such 
game to establish the fact that the same was per- 
sonally killed by himself : Provided, That nothing 
in this section shall be construed to prevent any 
steamboat company, express company, railro'ad 



Fish, Oyster and Game Laws of Washington. 115 

company, or other common carrier, their officers, 
agents and servants, from receiving any of the game 
birds or animals enumerated in this act from trans- 
ferring them from one point to another point within 
this state when said game birds or animals are ac- 
companied by the affidavit of the shipper that the 
same is not shipped for sale or profit. (Laws 1901, 
p. 280, § 5 ; P. C, § 5374-) (See section 163.) 

197. Song Birds Protected. 

Every person who shall, at any time, take, kill, 
injure or destroy, trap, ensnare, molest or disturb, 
or have in his possession, sell, or offer for sale, any 
nightingale, skylark, black thrush, gray singing 
thrush, goldfinch, greenfinch, bullfinch, red-breast- 
ed robin, English robin, black starling, grosbeak, 
meadow lark, mocking bird, wild canary bird, or 
other song bird, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished as 
hereinafter provided. (Laws 1897, p. 86, § 16; 2 
Bal.C.,§736o;P.C.,§5376.) 

198. Nests of Sbng Birds Protected, 

Every person who shall at any time take from the 
nest of any song bird the egg or eggs of such birds, 
or disturb, molest or destroy the nest of the song 
birds of this state, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished as 
hereinafter provided. (Laws 1897, p. 86, § 17; 2 
Bal. C, § 7361 ; P. C, § 5377-) 



116 Fish, Oyster and Game Laws of Washington. 

199. Penalty Defined — Possession Shall Be Prima 
Facie Evidence. 

Every person convicted of any of the misde- 
meanors defined in the foregoing sections (sections 
189, 190, 191, 194, 195, 196, 197 and 198 of this 
code) shall be punished by a fine of not less than 
ten dollars nor more than one hundred dollars, to- 
gether with the costs of prosecution in such action, 
and, in default of the payment of said fine, shall be 
imprisoned in the county jail one day for each two 
dollars of such fine; and upon the trial of any per- 
son, agent or employe of a company or corpora- 
tion, proof of the possession of the wild animals, 
birds or song birds, when it is unlawful to take, 
kill or have same, shall be prima facie evidence that 
the said wild game animal, game bird or song bird 
was unlawfully taken or killed by the person having 
possession of same. (Laws 1897, p. 86, § 18; 2 Bal. 
C ; §7 3 62;P.C.,§5378.) 



200. Exceptions 

The pro\ 
196, 197 an 



The provisions of sections 189, 190, 191, 194, 195, 
±96, 197 and 198 of this code shall not apply to per- 
sons engaged in prospecting for mines of precious 
minerals upon the public domain to the extent of 
the personal need only of such prospector. (Laws 
1897, P. 88, §23 ; 2 Bal. C, § 7367; P. C, § 5383.) 

201. Duty of Warden Defined. 

It is hereby made the duty of every game warden 



Fish, Oyster and Game Laws of Washington. 117 

so appointed, and every sheriff, deputy sheriff, con- 
stable, city marshal and police officer, within their 
respective jurisdictions: in the State of Washing- 
ton, to enforce all the provisions of this act, and all 
laws for the protection of game birds and animals, 
fish and song birds, and such sheriffs, deputy sher- 
iffs, constables, city marshals, police officers, or any 
forest rangers appointed by the United States gov- 
ernment, and each of them, by virtue of their elec- 
tion and appointment, are hereby created and con- 
stituted ex-officio game wardens for their respec- 
tive jurisdictions, and they and each of them, and 
each and every game warden so appointed, under 
the provisions of the preceding section, shall have 
authority, and it shall be their duty to inspect all 
depots j warehouses, cold storage rooms, storerooms, 
hotels, restaurants, markets and all packages or 
boxes, held either for storage or shipment, which 
they shall have reason to believe contain evidence 
of the infraction of any of the provisions of this act. 
And if, upon inquiry said officer discovers evidence 
sufficient in his judgment to secure a conviction of 
the offender, or shall have good cause to believe 
that sufficient evidence exists to justify the same, 
he shall at once institute proceedings to punish the 
alleged offenders. (Laws 1901, p. 28.1, § 7; P. C, 
§ ; 5380.) (See sections 19, 20, 21.) 

262. Authority of Warden and Other Officers to 
Make Arrests. 

Any game warden appointed under the provisions 



118 Fish, Oyster and Game Laws of Washington. 

of this act, any sheriff, deputy sheriff, city marshal, 
constable or police officer, forest ranger, may, with- 
out warrant, arrest any person by him found violat- 
ing any of the provisions of this act, or any other 
act or acts hereafter enacted and enforced, at any 
time for the protection of game, fish and song birds, 
and take such person or persons before a justice of 
the peace or municipal judge having jurisdiction, 
who shall proceed without delay to hear, try and 
determine the matter, and give and enter judgment 
according to the allegations and proof. All such 
actions shall be brought in the name of the State 
of Washington and shall be prosecuted by the 
prosecuting attorney of the respective counties. 
(Laws 1901, p. 282, § 8; P. C, § 5382.) 

203. Hunting on Certain Islands Prohibited. 

Every person who shall, on any island in the State 
of Washington located in any fresh water lake, sur- 
rounded by navigable fresh water, and having an 
area exceeding five hundred acres, injure, take, kill 
or destroy, or have in their possession except for 
breeding purposes, sell or offer for sale, any elk, 
deer, black, gray or fox squirrels, blue grouse, ruf- 
fled grouse, sharp tailed grouse, wild pigeons, prai- 
rie chickens, American pheasants, Mongolian pheas- 
ants, golden pheasants, bob white quail, California 
quail, or woodcock, shall be guilty of a misdemean- 
or. (Laws 1895, p. 332, § 1; 2 Bal. C, § 7368; P. 
C, § 5385-) (See section 167.) 



Fish, Oyster and Game Laws of Washington. 119 

304. Destruction of Nests, Etc., of Feathered 
Game Prohibited. 

Every person who shall at any time destroy or 
remove from the nest of any of the feathered game 
included in the last section any egg or eggs, or will- 
fully destroy the nest of any such birds, shall be 
guilty of a misdemeanor. (Laws 1895, p, 333, § 2; 
2Bal, C, §7369; P- C, §5386.) 

205. Penalty for Violating Last Two Sections. 

Every person convicted of a violation of any of 
the provisions of the last two preceding sections 
shall be punished by a fine of not less than fifty 
dollars nor more than, one hundred dollars, and in 
default of payment of fine imposed shall be impris- 
oned in the county jail of the county wherein the 
offense was committed until such fine shall have 
been paid at the rate of one day for each two dollars 
of fine imposed. All moneys collected from fines 
for the violation of the provisions of the last two 
preceding sections shall be paid into the general 
fund of the county for the benefit of the public 
schools in said county. (Laws 1895, p. 333, § 3 ; 
2Bal. C.,§ 737o; P. C, §53870 



. DESTRUCTION OF WILD ANIMALS. 
206. Bounty for Killing Coyote, Etc. 

Any person who shall kill and destroy any coy- 
ote, wolf, lynx, wild cat or cougar in the State of 



120 Fish , Oyster and Game Laws of Washington. 

Washington shall be entitled to a bounty therefor 
in the sum of one dollar ($1.00) for each coyote or 
wolf killed, the sum of two dollars and fifty cents 
($2.50) for each lynx or wild cat killed, and the sUm 
of five dollars ($5.00) for each cougar killed. (Laws 
190SO 

207. Production of Scalps — Payment of Bounty. 

Upon the production to the county auditor of any 
county by any person of the scalp or scalps of any 
coyote, wolf, lynx, wild cat or cougar killed in such 
county, each of which scalps shall, show two ears, 
eye-holes and skin to tip of nose, the county auditor 
shall take proof by affidavit, that each of such 
coyotes, wolves, lynx, wild cats or cougars was 
killed in such county, and thereupon it shall be the 
duty of such county auditor to issue and deliver 
to such person his warrant on the current expense 
fund- of such county for the sums hereinbefore pro- 
vided, and shall take and preserve a voucher there- 
for showing the number of scalps so- produced, the 
amount paid, and the date each of saM animals, was 
killed, which voucher shall be signed by the person 
to whom said bounty is paid. (Laws 1905.) 

208. Time Within Which to Produce Scalp. 

Any person claiming any ' such premium shall 
pfod-ttee- such ."scalp or scalps to'-'the co'u-nty -auditor 
of the county in which such coyote, wolf, lynx, wild 
cat or cougar shall have been killed, within.- three 



Fish j Oyster and Game Laws of Washington. 121 

months after such killing, and shall take or sub- 
scribe the following oath before such auditor or 
any. other officer authorized to administer oaths : 
"I do solemnly swear that the scalp or scalps here 

produced by me this day of are of 

a coyote, wolf, lynx, wild cat or cougar (as the 
case may be, giving the number) killed in the coun- 
ty of : j , State of Washington, and that 

said animal (or animals) was (or were) killed not 
prior to — — — — ." To which the auditor or any 
Other officer authorized to administer oaths shall 
append the usual juriat, subscribed by himself or 
deputy. (Laws 1905.) 

209. Counties to Be Credited with Amount Paid. 

The amount paid by any county for scalps under 
this act, shall be credited to it by the State Auditor, 
upon receipt by the State Auditor of a sworn 
statement from the county auditor as to the amount 
of warrants issued under the provisions of this act 
in said county, which statement shall be rendered 
to the State Auditor by each county auditor quar- 
terly, and the State Auditor shall make a charge 
against the general fund of the state for any such 
credits ; Provided, That the credits herein provided 
for, shall not exceed fifty thousand ($50,000) dol- 
lars. (Laws 1905.) 

210. Penalty. 

Any person or persons offering for the purposes 



122 Fish, Oyster and Game Laws of Washington. 

of obtaining said bounty, the scalp of any coyote, 
wolf, lynx, wild cat or cougar killed prior to the 
passage of this act, or that were killed outside of 
the boundaries of the State of Washington, shall 
bel deemed guilty of a misdemeanor and upon con- 
viction thereof shall pay a fine of not less than ten 
dollars, and of not more than fifty dollars, for the 
first conviction and for any subsequent conviction 
for same offense shall be fined not less than one 
hundred dollars nor more than five hundred dol- 
lars for each sUch offense, together with all costs 
attending such suit, one-half of such fines to be paid 
to the informer and the other half into the general 
school fund of the county wherein such conviction 
was obtained (Laws 1905.) 

211. Scalp to Be Destroyed. 

The auditor, treasurer and chairman of board 
of county commissioners shall at least quarterly, 
check over the scalps on which bounties have been 
paid, and at such time, and in the presence of each 
other reduce said scalps to ashes. (Laws 1905.) 



INDEX TO SUBJECTS. 



CLAMS. 

Page. Par. 

Digging for sale on Ocean Beach prohibited.... 93 155 

Penalty 93 156 

CRABS. 

Taking for sale or canning unlawful, when 94 157 

Size, unlawful to take for sale or canning 94 158 

Penalty 94 159 

COYOTE, WOLF, LYNX, WILD-CAT AND COUGAR. 

Bounty for killing 119 206 

payment of \ 120 207 

Counties to be credited with amount paid 121 209 

Penalty for falsely attempting to obtain bounty 121 210 

Scalps, production of 120 207 

'" time within which to be produced 120 208 

to be destroyed 122 211 

FISH COMMISSIONER. 

Arrest 7 11 

Deputy fish commissioner, appointment 3 3 

" bond of 4 5 

compensation of . . . 4 4 

instructions to 4 5 

"' ' " term of office 3 3 

Expenses shall be audited 5 7 

Fish commissioner, appointment 3 1 

term of 3 1 

Attorney General may as- 
sist 5 6 

bond of 3 2 

compensation of 4 4 

duty of 6 8 

may employ help 90 154 

" member of oyster commis- 
sion 62 103 

oath, may administer .... 36 47 

" reports of 6 9 

reports to 36 46 

report to 59 96 

reports to confidential 37 49 

" streams may be closed by 34 42 

" as state game warden 9 18 

" as state game warden, 

powers of 10 19 

" " as state game warden, re- 
ports of 

Inspection of canneries 

Resisting an officer, punishment for 

Special deputy may be appointed 

" " compensation of 



2 


23 


7 


10 


7 


12 


8 


13 


8 


14 



124 INDEX TO SUBJECTS. 

FISH HATCHERIES, STATE. 

Page. Par. 

Board of Fish Commissioner,?, members of 8 15 

compensation of. '9 17 
hatcheries under 

control of & 16 

Hatchery fund ..-...• 35 43 

FISH HATCHERIES, PRIVATE. 

Defined 58 92 

Fund into which license fee paid - 60 99 

License fee 59 95 

" fee for buying, packing, etc 59 97 

Passage way for migratory fish. 57 , 91 ■ 

for boats, logs, etc , 57 91 

Penalty * 60 100 

Repealing clause . -. 61 102 

Reports to fish commissioner. 59 96 

Riparian proprietor may establish 56 90 

Sale of fish from — conditions 58 93 

Tags or brands on fish sold from 61 101 

Unlawful to take fish from without consent of 

proprietor 60 98 

When fish from may be sold 58 94 

GAME LAWS OTHER THAN RELATING TO FISH 

Appropriation 112 193 % 

Dogs, use of prohibited in certain counties 110 189 

Deer or caribou, killing of prohibited, when 97 164 

on islands, killing of prohibited, penalty... 99 167 
Ducks, crane, snipe and swan, killing prohibited, 

when . ... . h 101 170 

Elk, killing prohibited, when '. 99 16« 

moose, antelope, etc., killing prohibited, 

when 98 165 

Fire hunting, trapping and ensnaring prohib- 
ited 110 190 

111 192 

Fund, state 96 161 

Game animals and birds, number that may be 

killed 97 164 

98 165 

99 166 
100 169 
102 174 

Game, taking from state 97 163 114 196 

" sale Of, penalty . . . .' 104 178 

" possession of — presumptive evidence of 

guilt ' . 105 179 

" protection fund - 106 181 

Gasoline and other launches, firing from pro- 
hibited 102 174 

Geese and brant, killing of prohibited, when 101 171 

" brant and other water fowl, hunting pro- 
hibited on Columbia and Snake rivers.. 102 173 



INDEX TO SUBJECTS. 125 

Page. Par. 
Grouse, partridge, prairie chicken, etc., killing 

prohibited, when 100 168 

Hides, killing for prohibited Ill 191 

Hunting on certain islands prohibited 118 203 

License fee for hunting 95 160 

" unlawful to hunt without 95 160 

penalty for hunting without 96 162 

Nests, destroying or removing eggs from, prohib- 
ited ..119 204 

Nest robbery prohibited 113 195 

Penalties 106 180 

112 193 

116 199 

119 205 

" when do not apply to prospectors 116 200 

Pheasants, imported, killing prohibited, when... 103 176 

" Oriental, when lawful to kill males.. 104 177 

Quail, killing prohibited, when 102 175 

Sneak boats 101 172 

sink boxes, etc., use of prohibited. .. 112 194 

Song birds, taking or possession of prohibited. . 115 197 

" " nests and eggs of protected 115 198 

WILD BIRDS, OTHER THAN GAME BIRDS. 

Killing or possession of prohibited 106 182 

Destruction of nests and eggs of prohibited.... 107 183 

Penalty for violating provisions relating to 107 184 

" scientific purposes — exemption 108 185 

Scientific purposes, certificate for 108 186 

certificate, terms of 109 187 

Penalty, exception as to certain birds 109 188 

Game Laws Relating to the Taking of Fish — 
Bass, perch, pickerel and pike, when unlawful to 

take 50 80 

Bass, perch, pickerel and pike, to be taken only 

with hook and line 51 81 

Bass, perch, pickerel and pike, penalty for vio- 
lating provisions relating to. 51 82 

Citizens only may take fish for sale 42 61 

" only may take for sale, exceptions 44 65 

Citizenship, certificate of 44 64 

certificate of, fee for 44 64 

" evidence of 43 62 

Corrupting waters containing fish. 40 55 

Explosives, use of prohibited. 40 55 

Fish ways to be provided 40 56 

taking fish near, unlawful 40 56 

Justices of the peace, jurisdiction of 42 59 

Propagation, taking for, lawful 42 60 

Sawdust, etc., casting into stream unlawful.... 41 57 

Screens at head of canals, ditches and flumes... 51 83 

" penalty for failure to erect 52 84 



126 INDEX TO SUBJECTS, 

Page. Par. 

Sturgeon, protection of 44 66 

Chinese lines, use of prohibited 46 68 

young, protection of 45 67 

Trout, when may be taken in Chelan County. ... 48 73 
" penalty for unlawfully taking in Chelan 

County 48 74 

when unlawful to take . 48 76 

" to be taken with hook and line only 49 77 

" possession of out of season, effect of. ... 49 78 

penalty 50 79 

" unlawful to take for selling, salting, etc. 46 69 

penalty for taking for sale, salting, etc... 47 70 

" unlawful to transport 47 71 

" unlawful to have in possession for trans- 
portation or market 47 71 

penalty for unlawful possession, etc 47 72 

GAME WARDENS. 

Authority of 117 202 

Duty of 116 201 

Chief deputy state game warden, appointment of 10 20 

duty of 10 20 

"' salary of 10 20 

County game wardens, appointment of 11 21 

salary of 11 21 

powers of 12 22 

expenses of 13 24 

State game warden, office created 9 18 

" " " duties and powers of 10 19 

reports of 12 23 

OYSTERS. 

Dredging for, when unlawful 82 137 

" penalty 83 138 

" rules prescribed by Pish Comm'r 91 

" eastern, unlawful, penalty 84 141 

Eastern, propagation of, experimental stations. . 90 153 

Fish Commissioner may dredge for discovery of 89 152 
Fish Commissioners may permit others to dredge 

under rules prescribed by him 89 152 

How gathered, penalty 90-91 154% 

154 1-3 
154 y 2 
154% 

Open season for gathering 83 139 

Personal property, when, penalty for unauthor- 
ized taking 79-80 131-2 

Penalty for removal without authority 81 134 

" for unlawful gathering 84 140 

Planter's right to 79-80 131-2 

Planting does not give prior or exclusive right to 

purchase or lease 80 133 



INDEX TO SUBJECTS. 127 

Small, to be returned to bed, penalty 82* 136 

Unexplained possession, effect of . 81 135 

Oyster Beds — 

Right of discoverer to 77 127 

Time allowed in which to remove from 77 129 

Penalty for gathering from beds discovered by 

others , 78 128 

Word "persons" in act relating to, construed. ... 79 130 
OYSTER LANDS, ACQUISITION OF. 

Acquisition of for planting 69 118 

Construction of law relating to 72 121 

74 124 

Citizens only may purchase 73 123 

Price per acre 70 119 

Prior right of purchase to actual occupant 71 120 

Right of purchase, upland owners 72 122 

Survey of 69 118 

70 119 
OYSTER LANDS, LEASE. 
Abandonment of, entitled to lease other lands, 

when 89 151 

Application for, how made 85 144 

" must describe location 87 146 

" must not exceed 40 acres.... 87 147 

Conditions of, forfeiture . 88 148 

Construction of act relating to 88 149 

Prior right to 85 143 

Term of, rental, new application 86 145 

Survey and description of lands covered by to be 

recorded 88 150 

What lands subject to , 84 142 

OYSTER LANDS, SALE OF. 

Artificial cultivation, right to purchase 75 125 

Revert to state, when 76 126 

State reserves, right to take from purchaser.... 76 126 

STATE OYSTER COMMISSION, OYSTER FUND AND 
APPROPRIATION. 

Appropriation 68 116 

License fee 67 113 

application for 65 110 

granting of 67 111 

number of sacks to be taken under 65 110 

Sack, definition of 67 112 

Sacks, price for 65 110 

License, time seed may be taken under 65 110 

to take seed 65 109 

Oyster fund 68 114 

Penalty 68 115 

State Oyster Commission, creation of . 62 103 

duties and powers of 63 107 

" granting of licenses by 67 111 

meetings of 62 105 



128 INDEX TO SUBJECTS. -L 

Page. Par. 

quorum 63 106 

reserves established by 
reserved from sale or 

lease , 64 108 

secretary and records 

of . 62 104 

SALMON, REGULATIONS FOR CATCHING. 

Drag seine locations, how made. .- 28 39 

Fish trap or pound net locations need not be 

marked by piles on Puget Sound 28 39 

Fish trap or pound net locations in Columbia 
River, Willapa and Grays Harbors to be indi- 
cated by piles 28 39 

License 16 31 

assignment of 16 31 

" citizens only may procure 16 31 

" fees for buying, packing, etc 23 35 

" for canneries 24 36 

" for fishing appliances 20 34 

failure to obtain, misdemeanor 33 40 

number to be placed on boats 18 32 

" " " " traps 18 32 

" separate for ^ach trap, etc 16 31 

Penalty 28 38 

38 50 

Pound nets, traps, seines, etc., where may be used 16 31 

" " " etc., how constructed 19 33 

" " ■;*' lights displayed on 18 32 

Puget Sound defined '.'. 38 52 

Repeal 38 51 

Rivers and Deception Pass, use of certain appa- 
ratus prohibited 15 30 

Salmon, definition of 35 44 

" Fish Commissioner or U. S. Officer may 

take for propagation 35 45 

taking near fish rack prohibited 39 53 

taking when unlawful 25 37 

" young must be returned to water 39 54 

Set net locations, how made. 28 39 

Set net, pound net and trap locations, survey and 

map of 28 39 

Set net, pound net and trap locations, mortgage, 

sale and transfer of 28 39 

Set net, pound net and trap locations, piles and 

structures to be removed from 28 39 

Set nets, when not unlawful 34 41 

Terms defined 38 52 

SEALS AND SEA LIONS. 

Bounty for killing, rate of 52 85 

procedure to obtain 53 86 

Scalps to be delivered to fish commissioner 54 87 

what to consist of 56 88 

Appropriation 56 89 



LBJL'09 



